§ 109

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.
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Singer Asset Fin. Co. LLC v. Mullins (In re Mullins)

Creditor alleged that chapter 13 debtor failed to qualify as a chapter 13 debtor because she failed to satisfy the chapter 13 eligibility requirements set forth in 11 U.S.C. § 109(e).
Ruling: 
Unemployed debtor who nonetheless had sufficiently stable and regular income was eligible under chapter 13.
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In re Nichols

Citing 11 U.S.C. § 109(h), 11 U.S.C. § 521(b), and 11 U.S.C. § 707(a), the U.S. trustee asked the court to dismiss two chapter 7 petitions filed by unrelated debtors based on a claim that debtors in each case failed to comply with the credit counseling requirement in 11 U.S.C. § 109(h)(1). At issue was whether the court had express or implied power to excuse such noncompliance.
Ruling: 
Bankruptcy court had authority to excuse compliance with credit counseling requirement in appropriate cases.
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In re Trembulak

A debtor's counsel filed a certification in opposition, stating that the debtor had passed away and requesting that the chapter 7 bankruptcy case not be closed without the issuance of a discharge.
Ruling: 
Deceased debtor was exempted from financial management course requirement.
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Clippard v. Mason (In re Mason)

In two consolidated appeals, appellant United States Trustee sought to review the decisions by the bankruptcy court to strike rather than dismiss appellee debtors'petitions for failure to obtain credit counseling prior to filing for bankruptcy as required by 11 U.S.C. § 109(h).
Ruling: 
There is no support for striking, rather than dismissing, a petition for failure to obtain credit counselling.
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In re Howard

The chapter 13 debtors filed an uncontroverted motion, pursuant to 11 U.S.C. § 362(c)(3)(B), for continuation of the automatic stay as to all creditors.
Ruling: 
Debtor who was disabled after being placed on life support for fourteen days granted exemption from mandatory credit counseling.
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In re Giles

A chapter 13 trustee filed a motion to dismiss debtors'case for failure to comply with 11 U.S.C. § 109(h) when the debtors obtained credit counseling 182 before filing the case.
Ruling: 
Case dismissed where debtors obtained credit counseling 182, rather than 180, days before filing.
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In re Kernan

The United States trustee ("UST") has moved to dismiss the debtor's chapter 7 case because the debtor did not timely satisfy the prepetition duties required by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). Specifically, the UST argued that the debtor did not properly comply with the credit counseling requirement in 11 U.S.C. § 109(h)(1).
Ruling: 
Debtor given wrong services by credit counseling service satisfied requirement by obtaining proper counseling immediately postpetition.
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In re Swanson

The chapter 13 trustee objected to the debtor's eligibility to be a debtor under 11 U.S.C. § 109(h). The Trustee noted that the certificate of credit counseling filed by the debtor showed that he received a credit briefing at 8:28 a.m. on the day his petition was filed. The issue was whether such a "same day" briefing satisfied the section 109(h) requirement that the credit briefing be received "preceding the date of filing the petition."
Ruling: 
Credit briefing received on the morning of petition date prior to filing satisfied the counseling requirement.
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In re Vantiger-Witte

The debtor filed a petition in bankruptcy under chapter 12. The Farm Service Administration ("FSA") filed a renewed motion to dismiss, contending that the debtor was not an eligible debtor under chapter 12.
Ruling: 
Debtor who received at least 50% of gross income from farming was an eligible chapter 12 debtor.
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