Doctor Jessica Ellsworth, M.D., and Kenneth Ellsworth (jointly, the “Ellsworths”) appeal the bankruptcy court’s order granting the motion of Lifescape Medical Associates, P.C. (“Lifescape”) to dismiss the Ellsworths’ chapter 13 bankruptcy case with prejudice.
Lifescape filed a motion to dismiss the Ellsworths’ case “with prejudice.” Lifescape alleged four grounds as establishing cause for such a dismissal: (1)unreasonable delay by the debtor that was prejudicial to creditors; (2) failure to file a plan timely under Bankruptcy Code Section 1321; (3) denial of confirmation of a plan under Bankruptcy Code Section 1325 and denial of a request made for additional time to file another plan or a modified plan; and (4) bad faith.
In this case, the bankruptcy court determined that cause existed to dismiss the case under Bankruptcy Code Sections 1307(c)(1), (3) and (5), and because the Ellsworths filed their bankruptcy petition in bad faith. The Ellsworths argue that the bankruptcy court erred because “there was no evidence” to support the bankruptcy court’s findings. In particular, the Ellsworths argue that they had reasonable explanations for any missteps they made in prosecuting their bankruptcy case and that “no evidence or testimony was ever presented refuting” their explanations. Consequently, they assert, the bankruptcy court could not and should not have found any cause for dismissal.
The Ellsworths have not established that the bankruptcy court abused its discretion in dismissing their case with prejudice, nor have they established that any of the bankruptcy court’s key findings supporting that dismissal were clearly erroneous.
Affirmed.