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Bankruptcy – Recordkeeping – Rental properties | Massachusetts Lawyers Weekly
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Bankruptcy – Moot appeal – Lease expiration | Massachusetts Lawyers Weekly
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Debtors who ignore instructions from the Bankruptcy Court do so at their own peril, as a recent case from the First Circuit Court of Appeals illustrates. In
In re Francis, the First Circuit reminds debtors and practitioners that “the road to a bankruptcy discharge is a two-way street, and a debtor must comply (or at least make good-faith efforts to comply) with lawful orders of the bankruptcy court.”
[1] Otherwise, debtors risk dismissal of their petition and denial of a discharge.
The debtor filed a Chapter 13 bankruptcy petition and shortly thereafter was informed that his case was subject to dismissal because his liabilities exceeded the then-current secured debt limit. The debtor moved to convert his case to Chapter 11, which the bankruptcy court granted. The debtor then failed to comply with a court order obligating him to file certain documents. As a result, the Trustee moved to convert the case t