In re Harwood
Opinion
Lead Opinion
Weissbrodt, J.
Chapter
MEMORANDUM DECISION GRANTING MOTION TO DISMISS
This matter comes before the Court on a Motion to Dismiss filed by the Chapter 13 Trustee (hereafter, “the Trustee”), who is represented by attorney Nanette Dumas. The. Motion is opposed by Debtor Tina Harwood (hereafter, “the Debtor”), who is represented by attorney Saman Taherian. Having considered the parties’ respective arguments and the applicable law, the Court grants the motion to dismiss.
I. Background
The Debtor filed a chapter 13 bankruptcy petition on January 24, 2011. When the petition was filed, the Debtor’s underse-cured and general unsecured debts, as reflected in the schedules, totaled $556,962.67. There is no dispute that this amount of unsecured debt exceeded the statutory limit of $360,475.00 in effect on the petition date. Although the Debtor’s lack of chapter 13 eligibility was obvious from the face of the schedules, neither the Trustee nor the Debtor’s then-attorney spotted the problem.
On October 17, 2013, the Debtor’s current attorney, Mr. Taherian, entered an appearance. Almost six months after Mr. Taherian’s entry, and more than three years after the petition was filed, the Trustee filed a…