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Case:15-22581-MER Doc#:54 Filed:05/12/16 Entered:05/12/16 15:34:26 Page1 of 2

IN THE UNITED STATES BANKRUPTCY COURT


FOR THE DISTRICT OF COLORADO
The Honorable Michael E. Romero

In re:
Case No. 15-22581 MER
ASHLEY SPENCER BUSS
Chapter 13

Debtor.

ORDER DISMISSING CHAPTER 13 CASE


PRIOR TO CONFIRMATION OF PLAN

THIS MATTER comes before the Court on following the hearing held April 21,
2016, regarding confirmation of the Debtors proposed Chapter 13 plan and the Motion
to Dismiss filed by creditors Clifton Croan and Enigami Systems.

After the close of all evidence from the parties concerning the Motion to Dismiss,
the Court turned to the confirmation matter, and raised several issues with counsel for
the Debtor. Primarily, the Court was concerned with the lack of legal authority
supporting the Debtors plan. As background, and in his previous bankruptcy case
before this Court, the Debtor stipulated to the entry of a non-dischargeable judgment in
favor of Clifton Croan and Enigami Systems pursuant to 11 U.S.C. 523(a)(6), and the
corresponding judgment entered on July 22, 2015 (Judgment). After the Debtors
discharge entered and his case was closed, Clifton Croan and Enigami Systems began
collecting on the Judgment.

On November 22, 2015, the Debtor filed the instant Chapter 13 case along with
his proposed Chapter 13 plan. In his initial schedules, the Debtor provides for two
unsecured debtors, including the $91,266.09 Judgment and an unsecured owed to
Lutheran Medical Center in the amount of $2,429.07. The Debtors plan provides for
payment of his attorneys fees and costs in the estimated amount of $6,150.00, and
Class 4 of the plan provides unsecured creditors will receive a grand total of $2,480
over 60 months. The proposed plan fails to provide for any meaningful payment toward
the non-dischargeable Judgment. Why? According to the Debtor, his former attorney,
Stephen Baca, also filed for Chapter 13 protection and his confirmed Chapter 13 plan
provides for payment in full of the Judgment.1 On that basis, the Debtor asserts he is
not required to provide for any payments toward the Judgment, relying on Mr. Baca to
fully perform over his confirmed five year Chapter 13 plan. Essentially, the Debtor
wants the benefit of staying collection of the Judgment so another debtor can pay the
Judgment in full without contributing any of his own income.

As set forth on the record, the Court ordered the Debtor to submit a brief on or
before May 6, 2016, with any supporting legal authority that would allow the Debtor to
proceed with his proposed Chapter 13 plan. The Court clearly indicated [i]f no
supporting authority is timely provided by the Debtor, the Court shall enter an order

1
The Order Confirming Mr. Bacas Amended Chapter 13 Plan entered on September 15,
2014, and the term of the confirmed Amended Plan is sixty months. See In re Baca, Ch.
213 Case No. 13-27475-JGR, at Docket Nos. 49 and 52.
Case:15-22581-MER Doc#:54 Filed:05/12/16 Entered:05/12/16 15:34:26 Page2 of 2

denying confirmation of the Debtors plan and dismissing this case.2 The Debtor timely
submitted a brief. However, the brief falls well short of persuading this Court there is
any authority that would permit the Debtor to confirm a plan that fails to provide for
payment of the Judgment. The Debtor relies on various provisions of Chapter 13, but
never addresses the key issue raised by the Court. The Debtor acknowledged the non-
dischargeable Judgment, but failed to provide any legal authority that would allow him
to play ostrich over a five year period while another debtor pays the Judgment in full.
Indeed, the Court cannot locate any authority supporting the Debtors position, and
finds the Debtor proposed his plan in bad faith under the circumstances of this case.

Therefore, based on the Debtors failure to provide any authority in support of


his plan, and in accordance with this Courts Minute Order dated April 21, 2016, the
Court shall dismiss this case. The case has not been previously converted under
section 706, 1112 or 1208. Accordingly, the Court FINDS that:

1. Dismissal is appropriate pursuant to 11 U.S.C. 1307(b).


2. No plan has been confirmed.
3. No request for delayed revestment of property of the estate has been made.

IT IS THEREFORE ORDERED that:

1. THIS CASE IS DISMISSED. The Clerk of the Court shall serve this Order
on all creditors and parties in interest within five (5) days of the Order.

2. In accordance with 11 U.S.C. 349(b)(1) and (2), any transfer avoided


under section 522, 544, 545, 547, 548, 549 or 724(a) of Title 11, or preserved under
section 510(c)(2), 522(i)(2) or 551 of Title 11 is reinstated; any lien voided under
section 506(d) of Title 11 is reinstated; and any order, judgment or transfer ordered
under section 522(i)(1), 542, 550 or 553 of Title 11 is vacated.

3. All property of the estate, except payments made by the Debtor(s) to the
Trustee, shall revest in the Debtor(s) as of the date of this Order pursuant to 11 U.S.C.
349.

4. Payments made by the Debtor(s) shall be retained by the Trustee pending


payment of claims allowed under section 503(b) pursuant to 11 U.S.C. 1326(a)(2).

a. Any request for allowance of a section 503(b) claim shall conform


with 11 U.S.C. 503 and Fed.R.Bankr.P. Rules 9013, 9014 and 2002, and be filed no
later than 28 days of the date of this order.

b. Within 30 days after determination of the last request, if any, for


allowance of section 503(b) claims, the Trustee shall pay all fees imposed by statute
and all allowed section 503(b) claims from the Debtor(s) payments and return any
surplus to the Debtor(s).

DATED May 12, 2016 BY THE COURT:

__________________________
Michael E. Romero, Chief Judge
United States Bankruptcy Court

2
Minutes Order dated April 21, 2016 (Docket No. 51).