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§ 109

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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In re Postlethwait

Movant debtor sought approval of an amended certification of exigent circumstances under 11 U.S.C. § 109(h)(3)(A). Respondent chapter 13 trustee objected to approval of the certification and sought dismissal of the case due to the debtor's lack of eligibility for failure to comply with 11 U.S.C. § 109(h).
Ruling: 
Pending creditor sale of automobile and inability to obtain credit counseling minutes before filing were not exigent circumstances that would qualify debtor for waiver of counselling requirement.
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In re Spurlin

Chapter 7 debtors filed a motion to convert their bankruptcy case to one under chapter 13. The chapter 7 trustee and a creditor filed objections to the motion.
Ruling: 
Debtor who could not establish source of regular income was not an eligible chapter 13 debtor.
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In re Spurlin

Chapter 7 debtors filed a motion to convert their bankruptcy case to one under chapter 13. The chapter 7 trustee and a creditor filed objections to the motion.
Ruling: 
Conversion to chapter 13 denied where debtors admitted they did not have regular income.
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