§ 109

In re Moore

The chapter 13 and United States trustees filed motions, pursuant to 11 U.S.C. § 109(h)(1), to dismiss the debtors' chapter 13 and 7 cases.
Ruling: 
Credit counseling obtained on petition date prior to filing was acceptable.
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Gargula v. Thompson (In re Thompson)

The bankruptcy judge struck appellees', debtors, chapter 13 bankrputcy petition because debtors failed to allege in the petition that they had received credit counseling within 180 days of the filing as required by the Bankruptcy Act, 11 U.S.C. § 109(h)(1). Appellant United States Trustee moved the bankrputcy court to reconsider, but the bankruptcy court denied the motion to reconsider, and the trustee appealed.
Ruling: 
Bankruptcy court properly struck chapter 13 petition which failed to allege that debtors had reecived timely credit counseling.
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In re Berman

The debtor filed motions seeking: (1) to extend the time to file schedules; (2) to be relieved of the credit counseling requirements of 11 U.S.C. § 109(h); and (3) to transfer the case to another judge, pursuant to 28 U.S.C. § 455.
Ruling: 
Waiver of credit counseling requirement denied absent exigent circumstances.
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In re Swiatkowski

The chapter 13 trustee filed a motion to dismiss the debtor's case on the ground that the debtor was not eligible to be a debtor pursuant to 11 U.S.C. § 109(h)(1) because of his failure to comply with the credit counseling requirement. Although other matters were pending, the court's disposition of the motion to dismiss obviated the need to consider these other matters.
Ruling: 
Case dismissed due to debtor's failure to obtain credit counseling or file a timely, legitimate request for exemption.
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United States v. Ahmed (In re Ahmed)

In a consolidated bankruptcy appeal, appellant, the United States of America, challenged a bankruptcy court's confirmation of the first amended chapter 13 plan filed by appellee debtor.
Ruling: 
Disputed tax debt was non-contingent liquidated debt that caused debtor to exceed chapter 13 eligibility limit.
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In re Gindberg

A debtor was directed to show cause why her case should not have been dismissed for failure to comply with the credit counseling requirement imposed by 11 U.S.C. § 109(h)(1) of the Bankruptcy Code.
Ruling: 
Error of debtor's attorney in failing to be aware of credit counseling requirement resulted in dismissal.
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Adams v. Finlay

After appellee debtors filed bankruptcy petitions, appellant, the United States trustee, filed motions to dismiss the debtors'petitions. The bankruptcy court struck the debtors'petitions for their failure to obtain counseling prior to filing their petitions as required under 11 U.S.C. § 109(h). The trustee filed appeals. The appeals were consolidated.
Ruling: 
Bankruptcy court properly dismissed petitions for debtors'failure to obtain credit counselling.
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In re Kollar

A debtor filed a motion to dismiss her chapter 13 bankruptcy case, pursuant to 11 U.S.C. § 1307(b). The trustee filed a motion to dismiss the case, pursuant to 11 U.S.C. § 109(e).
Ruling: 
Case dismissed with prejudice as improperly filed to frustrate secured creditors with no possibility of funding a realistic plan.
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In re Jac Family Foundation

A family foundation's representative filed a chapter 13 bankruptcy petition on the foundation's behalf. The chapter 13 trustee moved to dismiss the petition on the ground that, pursuant to 11 U.S.C. § 109(e), only an individual could be a chapter 13 debtor. The representative did not respond to the trustee's dismissal motion. He asked the court to continue the case.
Ruling: 
Foundation was not an "individual" and ineligible to be a debtor under chapter 13.
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In re Lackey

Debtor, pro se, filed a motion to reconsider the court's order dismissing his chapter 13 case based on his failure to obtain a prepetition, budget and credit counseling briefing, and based on his ineligibility to obtain a postponement or waiver of that requirement.
Ruling: 
Reconsideration of dismissal for failure to comply with credit counseling requirements of BAPCPA denied.
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