Sep
08
2008
In re Hubel
Appellant debtor appealed from a letter decision and order of the Bankruptcy Court, denying his request for an exemption from the credit counseling requirement of 11 U.S.C.S. § 109(h).
Ruling:
Dismissal for failure to obtain required credit counseling upheld despite incarcerated debtor's inability to comply.
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Consumer case opionion summary, case decided on September 08,2008, LexisNexis #1008-072
Aug
15
2008
In re Cellitit
A debtor filed for protection under chapter 13 of the Bankruptcy Code. The standing chapter 13 trustee filed a notice of default and a motion to dismiss. A secured creditor filed an objection to confirmation of the debtor's plan and an opposition to dismissal.
Ruling:
Chapter 13 case dismissed with 180-day filing bar due to debtor's failure to make timely plan payments.
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Consumer case opionion summary, case decided on August 15,2008, LexisNexis #1108-039
Aug
07
2008
In re Vinieris
Movant creditor sought dismissal of a chapter 13 on the basis that it was a judgment creditor with a secured claim against debtor exceeding $9.9 million, rendering debtor ineligible to file a chapter 13 due to 11 U.S.C.S. § 109(e). Debtor opposed the motion on the ground that movant was no longer a judgment creditor by reason of the age of the underlying judgment. The status of the debt under state law including N.Y. C.P.L.R. § 5014 was at issue.
Ruling:
Secured judgment that was still valid after more than twenty years was in excess of chapter 13 debt limits, disqualifying debtor.
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Consumer case opionion summary, case decided on August 07,2008, LexisNexis #0808-107
Jul
31
2008
In re Weiser
Objections to confirmation on various grounds including lack of eligibility for chapter 13 relief under 11 U.S.C.S. § 109(e) and lack of good faith under 11 U.S.C.S. § 1325(a)(3) were asserted by plaintiffs, three lenders, all of which claimed that debtors were not entitled to relief. At issue was whether debtors' participation in challenged loan transactions provided grounds for denial of relief under chapter 13.
Ruling:
Debtors with unsecured debt in excess of limits were ineligible under chapter 13.
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Consumer case opionion summary, case decided on July 31,2008, LexisNexis #0908-036
Jul
25
2008
In re Taylor
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed a motion to dismiss the debtors' case, claiming that the debtors were not eligible for Chapter 13 relief because their noncontingent, liquidated debts exceeded the debt limits allowed by 11 U.S.C.S. § 109(e).
Ruling:
Guarantees were noncontingent liquidated debts causing debtor to exceed chapter 13 limits.
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Consumer case opionion summary, case decided on July 25,2008, LexisNexis #1008-002
Jul
23
2008
In re Mortgage Banking Trust
Movant sought to dismiss, pursuant to 11 U.S.C.S. § 1112, the chapter 11 filing by debtor, an alleged business trust, on the grounds that the debtor was not eligible to seek bankruptcy relief under 11 U.S.C.S. § 109(d).
Ruling:
Personal trust was not an eligible debtor.
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Commercial case opionion summary, case decided on July 23,2008, LexisNexis #0908-107
Jul
14
2008
In re Mahjor
A debtor filed a voluntary petition for adjustment of his debts under Chapter 13 of the Bankruptcy Code. Pursuant to 11 U.S.C.S. § 109(h)(3)(A), the debtor requested deferment of the required credit counseling due to exigent circumstances.
Ruling:
Deferment of credit counseling requirement denied where debtor did not show it had requested counseling but was unable to obtain same within five days.
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Consumer case opionion summary, case decided on July 14,2008, LexisNexis #0908-037
Jul
02
2008
In re Francisco
Appellant debtor sought review of a decision of the United States Bankruptcy Court for the District of New Mexico, which dismissed her chapter 13 petition for failure to timely obtain credit counseling under 11 U.S.C.S. § 109(h)(1).
Ruling:
Credit counseling obtained on petition date satisfied "180 days preceeding date of filing" requirement.
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Consumer case opionion summary, case decided on July 02,2008, LexisNexis #0708-106
Jun
30
2008
In re Anderson
In January 2008, the debtors filed a petition under chapter 13 of the Bankruptcy Code,which was dismissed because the debtors had not obtained pre-petition credit counseling. The debtors filed an amended petition.
Ruling:
Amended petition allowed after debtors remedied failure to receive required credit counseling.
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Consumer case opionion summary, case decided on June 30,2008, LexisNexis #1008-001
Jun
17
2008
In re Mitchell
A debtor filed a motion for reconsideration of an order, which dismissed his chapter 7 case for failure to comply with the credit counseling requirement articulated in 11 U.S.C.S. § 109(h).
Ruling:
Postpetition credit counseling did not satisfy requirement where temporary waiver had been denied.
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Consumer case opionion summary, case decided on June 17,2008, LexisNexis #0708-107
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