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Slip Opinion
Bankr. W.D. Va.
2024
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Background

  • Ralph Leon Hayes filed his sixth voluntary Chapter 13 bankruptcy petition (fourth in 18 months), pro se, in the U.S. Bankruptcy Court for the Western District of Virginia.
  • Hayes consistently failed to file required schedules, statements, a Chapter 13 plan, and pay the full filing fee in this or prior recent cases.
  • His filings repeatedly centered on grievances against his mortgage servicer and holder, not on compliance with bankruptcy procedural requirements.
  • Both the Chapter 13 trustee and the U.S. Trustee moved to dismiss with a 365-day bar on future filings and sought to condition future filings on payment of unpaid fees, alleging bad faith and abuse of process.
  • Despite extensions and opportunities to cure deficiencies, Hayes did not comply; repeatedly seeking continuances rather than engaging in the required bankruptcy processes.
  • The Court consolidated hearing on dismissal motions, ultimately addressing both procedural and substantive requirements for bankruptcy eligibility.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Failure to file required schedules/statements Hayes claimed he could not file until mortgage voided Trustees: Required by Code and Rules, no exception Dismissal warranted—strict compliance mandated
Failure to file Ch. 13 plan Hayes did not file, argued grievances with mortgage lender Trustees: Fatal defect in bankruptcy process Dismissal warranted
Failure to pay filing fee/installments Hayes sought in forma pauperis or further extension Trustees: Payment mandatory, in forma pauperis not permitted Dismissal warranted—waiver unavailable in Ch. 13
Dismissal with conditions (bar on re-filing) Hayes did not refute serial filing, argued nonbankruptcy claims Trustees: Sought 365-day bar and fee payment 365-day bar appropriate for bad faith, but no fee precondition

Key Cases Cited

  • Colonial Auto Ctr. v. Tomlin (In re Tomlin), 105 F.3d 933 (4th Cir. 1997) (Bankruptcy courts have authority under § 109(g) to bar serial filers with prejudice)
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Case Details

Case Name: Ralph Leon Hayes
Court Name: United States Bankruptcy Court, W.D. Virginia
Date Published: Mar 7, 2024
Citations: 2024 WL 994245; 23-61366
Docket Number: 23-61366
Court Abbreviation: Bankr. W.D. Va.
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