Dehart v. John (In re John)
Jun
04
2012
Ruling
Dismissal for late completion of required credit counseling denied as inequitable given completion of plan and absence of bad faith.
Procedural posture
Movant bankruptcy trustee asserted that respondent bankruptcy debtors' credit counseling for eligibility to be bankruptcy debtors under 11 U.S.C.S. § 109(h) was not completed with the requisite period prior to filing their bankruptcy petition. The trustee moved to dismiss the debtors' case, and the motion was not considered until after the debtors' confirmed plan was consummated and the trustee issued a final report.
ABI Membership is required to access the full summary of Dehart v. John (In re John) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: