Business
April 26, 2023
Essayheroes
- While living in Kansas, Roger Simmons bought a pickup truck on which Boeing Wichita Credit Union (BWCU) held a security interest. The state of Kansas issued a certificate of title for the truck listing BWCU as a lienholder. Simmons then moved to Colorado and, without BWCU’s knowledge, surrendered the Kansas title to apply for a Colorado title. A Colorado title was issued that, for unknown reasons, did not include the BWCU lien. Simmons then moved back to Kansas and applied for a new Kansas title. This title did not show BWCU’s lien. When Simmins went through bankrupcy, BWCU claimed it had a perfected lien on the truck. Did it?
- In one year, Oral F. Sekendur filed two Chapter 13 petitions within days of adverse decisions in nonbankruptcy cases. They were dismissed because Sekendur failed to report all his assets. He was ordered to pay one opposing party’s attorney’s fees, and munites before a hearing to consider sanctions for his failure to comply with that order, he filed another Chapter 13 petition. He never paid the filing fee. Sekendur admitted he had no income and there was no change in circumstances following dismissal of his earlier Chapter 13 cases. he was warned that his Chapter 13 case might be dismissed for having been filed in bad faith, so he moved to convert his case to a Chapter 7. On his own motion, the court moved to consider dismissal for Sekendur’s failure to pay filing fees. Sekendur did not show up at the hearing. The court dismissed the case for unreasonable delay prejuducial to creditors–that the case was filed in bad faith. Did Sekendur file in bad faith? [In re Sekendur, 334 B.R. 609 (Ill.)]
