Skip to main content

§ 109

Rice, In re

Ruling
Debtor’s third case filed in six years dismissed as debtor's intentional filing of third case while the second was still pending to avoid 180-day filing bar was evidence of a lack of good faith. (Bankr. W.D.N.C.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary Dismissal After Request for Relief From Stay.

ABI Membership is required to access the full summary of Rice, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 17, 2025 , LexisNexis #0825-076

Monplaisir, In re

Ruling
Court denied motion to sever and convert as debtor’s unsecured debts exceeded Chapter 13 eligibility limit. (Bankr. S.D.N.Y.)
Issue(s)
Who May Be a Debtor; Chapter 13.

ABI Membership is required to access the full summary of Monplaisir, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 16, 2025 , LexisNexis #0825-052

Salee Amina Mohammed, In re

Ruling
Chapter 13 case properly dismissed as debtor failed to comply with credit counseling requirement and there were no exceptional circumstances justifying relief. (Bankr. D. Utah)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

ABI Membership is required to access the full summary of Salee Amina Mohammed, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 16, 2025 , LexisNexis #0725-051

Muszynski v. Millennium Funding, Inc.

Ruling
Bankruptcy court did not abuse its discretion in finding that the debtor failed to describe exigent circumstances meriting a waiver of the credit counseling requirement. (B.A.P. 1st Cir.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

ABI Membership is required to access the full summary of Muszynski v. Millennium Funding, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 07, 2025 , LexisNexis #0525-026

Stewart, In re

Ruling
Allowing a state court to prohibit or restrict a party's ability to file for bankruptcy would violate principles of federalism and the exclusive jurisdiction of federal courts over bankruptcy matters. (Bankr. N.D. Ohio)
Issue(s)
Who May Be a Debtor.

ABI Membership is required to access the full summary of Stewart, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 05, 2025 , LexisNexis #0525-002

Harris, In re

Ruling
Dismissal of Chapter 13 case was warranted as debtor's filing was not for a proper reorganizational purpose. (Bankr. N.D. Ohio)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals.

ABI Membership is required to access the full summary of Harris, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 24, 2024 , LexisNexis #0125-001

Guza, In re

Ruling
Debtors were not eligible as their voluntary dismissal of their prior bankruptcy case wascausally connected to the granting of a motion for relief from stay filed by their mortgagelender. (Bankr. M.D. Pa.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary

ABI Membership is required to access the full summary of Guza, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 25, 2024 , LexisNexis #0924-052

Ramus, In re

Ruling
Trustee's motion to dismiss Chapter 13 case based on ineligibility was denied, relyingprimarily on the debtor's schedules. (Bankr. N.D. Ohio)
Issue(s)
Who May Be a Debtor; Chapter 13.

ABI Membership is required to access the full summary of Ramus, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 28, 2024 , LexisNexis #0924-001

Ansin, In re--Ansin v. Ansin

Ruling
Motion to convert debtor’s Chapter 7 case to Chapter 13 was properly denied due to failure tomake a prima facie showing of sufficiently stable and regular income. (B.A.P. 1st Cir.)
Issue(s)
Who May Be a Debtor; Chapter 13.

ABI Membership is required to access the full summary of Ansin, In re--Ansin v. Ansin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 12, 2024 , LexisNexis #0824-026

Vera T. Welte Testamentary Trust, In re

Ruling
Chapter 12 petition filed by a trust was dismissed as the debtor was an ordinary testamentarytrust, not a business trust, and therefore it was not an eligible debtor. (Bankr. N.D. Iowa)
Issue(s)
Who May Be a Debtor; Chapter 12.

ABI Membership is required to access the full summary of Vera T. Welte Testamentary Trust, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 03, 2024 , LexisNexis #0824-001