Creditor Getting a Chapter 13 Dismissed
CA AG has requested BK court in a chap 13 to dismiss the bk because debtor did not file 2006 CA FTB taxes. Is this a done deal deal? I.e., is there a chance court might decline to dismiss?
I ask because I am in possession of sworn declaration of debtor in a different case in which debtor admitted to spending $5200 on private detectives. I could file my own motion to dismiss, because debtor was obligated to report those assets to the court and turn them over to trustee, but did not do so, which amounts to bk fraud. I could join in AG's request to dismiss, based upon the evidence I have of bk fraud, but is it necessary? If court dismisses, I have what I want without doing anything. On the other hand, my evidence of debtor concealing assets might make a difference, tipping the balance in favor of dismissal. Even if court declines to dismiss, my evidence might be enough to get dismissal. If I do request dismissal, what code section should I cite?
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