Dennis Raybould

Memorandum Decision on Trustee's Objection to Confirmation and Motion to Dismiss Re: 54 Objection to Confirmation of Plan and Motion to Dismiss. (Markel, Naliko) (dcm)Bankruptcy Court Orb31 juil. 2026

Texte intégral

Page 1 of 2 – MEMORANDUM DECISION

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF OREGON
On January 2, 2026, the debtor, Dennis Raybould (the “Debtor”), filed a voluntary petition
under chapter 13. ECF No. 2. On February 23, 2026, an Order of Dismissal and Administratively
Closing Case was entered based on Debtor’s failure to timely file missing documents as ordered.
ECF No. 22. On March 3, 2026, the Debtor filed Debtor’s Motion to Reopen Chapter 13 Case
and, If Applicable, to Vacate Dismissal. ECF No. 29. An Order Setting Aside Dismissal,
Reopening Case if Closed, and Fixing Time to File Motion to Reconsider was docketed on March
4, 2026. ECF No. 32.
On March 15, 2026, the Debtor filed his Chapter 13 Plan dated March 2, 2026. ECF No.
40. On April 23, 2026, the chapter 13 trustee filed an objection to confirmation of the Debtor’s
plan which included a request to dismiss the case. ECF No. 54. On the same date, U.S. Bank
National Association, not in its individual capacity but solely as trustee for RMAC Trust, Series
2016-CTT, also filed an objection to confirmation of the Debtor’s plan. See ECF Nos. 55.
Confirmation hearings were held on May 19, 2026, July 14, 2026, July 28, 2026, and July 31,
In re:

Dennis Raybould,
Debtor.
Case No. 26-60001-kfe-13

MEMORANDUM DECISION ON
TRUSTEE’S OBJECTION TO
CONFIRMATION AND MOTION TO
DISMISS

Below is an opinion of the court.
_______________________________________
KATHRYN F. EVANS
U.S. Bankruptcy Judge
U.S. BANKRUPTCY COURT
DISTRICT OF OREGON
F I L E D
July 31, 2026
Clerk, U.S. Bankruptcy Court
Case 26-60001-kfe13 Doc 77 Filed 07/31/26 Page 1 of 2

Page 2 of 2 – MEMORANDUM DECISION

2026. See ECF Nos. 62, 68, 71, and 74. During these hearings, the chapter 13 trustee provided
information about the status of the case. On May 19, 2026, the chapter 13 trustee reported that he
had not received the requested amended schedules from the Debtor. ECF No. 62. On July 14,
2026, the chapter 13 trustee reported that no plan payments had been received since May 2026,
that the plan payment default was $1,395 through July 2026, and that Debtor’s TFS account had
been suspended. ECF No. 68. On July 28, 2026, the chapter 13 trustee reported that there were
no updates, and the plan payment default remained at $1,395 through July 2026.
Based upon Debtor’s failure to appear at the hearings held May 19, 2026, July 14, 2026,
July 28, 2026, and July 31, 2026, and the plan payment default of $1,395 through July 2026, the
Court will grant Trustee’s Objection to Confirmation of Plan and Motion to Dismiss [ECF No.
54]. The Court likewise finds that the Debtor’s failure to appear at any of the continued
confirmation hearings held in this matter constitutes unreasonable delay which is prejudicial to his
creditors warranting a finding of cause to dismiss under 11 U.S.C. § 1307(c)(1).
This Memorandum Decision constitutes the Court’s findings of fact and conclusions of law
pursuant to Federal Rule of Bankruptcy Procedure 7052 and Federal Rule of Civil Procedure 52(a).
The Court will enter its own order of dismissal.
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cc: Dennis Raybould
88915 Bayberry Ln
Florence, OR 97439
Case 26-60001-kfe13 Doc 77 Filed 07/31/26 Page 2 of 2

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