Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

§ 109

In re Henderson

Chapter 7 debtors filed a motion for an extension of time to complete the pre-bankruptcy credit counseling required by 11 U.S.C. § 109(h).
Ruling: 
Exigent circumstance of imminent foreclosure on family homestead and debtor's dilligent attempts to obtain credit counseling justified extension of time to fulfill requirement.
ABI Membership is required to access the full summary of In re Henderson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Ruckdaschel

The United States Trustee filed a motion to dismiss debtors'chapter 13 case, alleging that debtors were not eligible for bankruptcy relief because they had not completed credit counseling within the 180 days preceding the filing of their petition as required by 11 U.S.C. § 109(h)(1).
Ruling: 
Case dismissed as filed 187 days after debtors received credit counseling due to delay in obtaining signature of incarcerated debtor due to prison rules.
ABI Membership is required to access the full summary of In re Ruckdaschel. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Gaikoski

The bankruptcy court reviewed sua sponte whether debtor's chapter 7 petition complied with the credit counseling requirement under 11 U.S.C. § 109(h).
Ruling: 
Case dismissed where debtor received credit counseling more than 180 days before petition date and did not request waiver or deferral.
ABI Membership is required to access the full summary of In re Gaikoski. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Vollmer

Chapter 7 debtor filed a motion for reconsideration of the court's ruling granting him only a temporary waiver of the credit counseling requirement of 11 U.S.C. § 109(h).
Ruling: 
Permanent waiver of credit counseling requirement granted to incarcerated debtor upon reconsideration.
ABI Membership is required to access the full summary of In re Vollmer. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Clippard v. Bass

Appellant United States Trustee sought review of an order from the bankruptcy court, which granted appellee chapter 7 debtor's motion to extend time for the credit counseling required under 11 U.S.C. § 109(h)(1) and which denied the trustee's motion to dismiss the debtor's bankruptcy case.
Ruling: 
Extension of time to comply with credit counseling requirement reversed and case dismissed due to lack of exigent circumstances.
ABI Membership is required to access the full summary of Clippard v. Bass. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Parten

Debtor had filed a previous case under chapter 12. During the chapter 12 case, creditors received relief from the automatic stay with respect to certain real property. Stay relief was granted and the creditors began foreclosure. The debtor then voluntarily dismissed the chapter 12 case and filed the instant chapter 13 case before the creditors could complete the foreclosure. The creditors moved for relief from stay on an expedited basis.
Ruling: 
Expedited relief from stay granted to foreclosing creditor where family farmer filed second case less than 180 days after voluntary dismissal of first case.
ABI Membership is required to access the full summary of In re Parten. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Jarrell

The debtor filed for relief under chapter 7 and sought exemption from the requirement of prepetition credit counseling. The creditor filed a motion to dismiss the petition for abuse, pursuant to 11 U.S.C. § 707(b).
Ruling: 
Debtor's incapacity due to mental illness justified waiver of credit counseling requirement.
ABI Membership is required to access the full summary of In re Jarrell. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Withers

A chapter 7 bankruptcy debtor failed to obtain credit counseling as required under 11 U.S.C. § 109(h) to be eligible as a debtor in bankruptcy and failed to file documents required by 11 U.S.C. § 521(a)(1)(B). The bankruptcy court denied the trustee's motion for an order to show cause why the debtor should not be held in contempt for disobeying a court order, pending consideration of whether dismissal of the case was warranted or required.
Ruling: 
Failure to obtain credit counseling did not require immediate dismissal.
ABI Membership is required to access the full summary of In re Withers. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Vollmer

Chapter 7 debtor filed a pro se voluntary chapter 7 petition and was granted permission to proceed in forma pauperis. He filed a motion for a permanent waiver of the credit counseling requirement of 11 U.S.C. § 109(h)(1) after the court issued a deficiency notice advising him that he needed to file a certificate of credit counseling. The U.S. Trustee objected to the debtor's motion.
Ruling: 
Incarcerated debtor was not entitled to permanent waiver of credit counseling requirement but was granted a 45-day extension.
ABI Membership is required to access the full summary of In re Vollmer. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Tune

A debtor filed a motion to extend the automatic stay in his chapter 13 bankruptcy case. A creditor filed a motion to dismiss, pursuant to 11 U.S.C. § 109(g)(2).
Ruling: 
Debtor who filed sixth case within 180 days of prior case was not an eligible debtor.
ABI Membership is required to access the full summary of In re Tune. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to § 109