Sullivan v. Solimini (In re Sullivan)

Sullivan v. Solimini (In re Sullivan)

Opinion

 [*206] Per Curiam.

The debtor, Maureen Janet Sullivan (the "Debtor"), appeals from the bankruptcy court's October 22, 2004 order, granting the Motion To Dismiss With Prejudice filed by Karen Solimini ("Solimini"), as Executrix of the Estate of Barbara Breslin, thereby dismissing the Debtor's Chapter 13 case with a bar against refiling for 180 days, pursuant to 11 U.S.C. §§ 105(a) and 349(a). The Appellee, Solimini, did not file a brief in this case, but appeared through counsel at the oral argument scheduled by the Panel, merely to state that she would rest on the record and could not add anything to the bankruptcy court's order. For the reasons set forth below, we AFFIRM.

BACKGROUND

A. Solimini's Judicial Lien

In May, 2001, Solimini obtained a judgment against the Debtor in [**2]  the Superior Court in Middlesex County. In its written Findings of Fact and Conclusions of Law, the Superior Court determined that the Debtor, at one time, owned property located at 109 Cherry Street, Malden, Massachusetts (the "Property") with her sisters, Barbara Breslin, Mary Rowe and Elaine Costa, as joint tenants with right of survivorship, and that the Property was unencumbered by liens or encumbrances. The Superior Court also determined that the Debtor induced her sister, Barbara Breslin, to execute an agreement transferring her interest in the Property for a promise to pay $ 40,000, and that the Debtor never intended to pay this amount to her sister.

B. First Bankruptcy Case

On May 22, 2001, three weeks after entry of the Superior Court judgment, the Debtor filed her first Chapter 13 bankruptcy petition. In her Schedule A, the Debtor listed an ownership interest in the Property with a value of $ 250,000. On Schedule D, she listed New Jersey Mortgage as the holder of a secured claim against the Property in the amount of $ 169,000. She did not claim an exemption in the Property. The Chapter 13 Trustee moved to dismiss the case due to the Debtor's failure to make plan [**3]  payments, produce evidence that the Property was insured, evidence of value or to submit evidence of income and expenses. The Debtor did not object, and the bankruptcy court dismissed the case on August 20, 2001. The bankruptcy court denied the Debtor's subsequent request to vacate the order of dismissal, and the case was closed on November 26, 2001.

C. Second Bankruptcy Case

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