§ 109

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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Bogedain v. Eisen

Appellant debtor filed a petition for chapter 12 bankruptcy relief. The debtor moved for an order waiving, based on exigent circumstances, the prefiling credit counseling required by 11 U.S.C. § 109(h)(1). Initially and on reconsideration, bankruptcy court denied the debtor's motion. The debtor appealed.
Ruling: 
"Family farmer" filing under chapter 12 was an individual and subject to credit counseling requirements.
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In re Reyes

A debtor was required to appear and show cause why her chapter 13 bankruptcy case should not have been dismissed for failure to obtain the consumer credit counseling briefing required by 11 U.S.C. § 109(h)(1).
Ruling: 
Chapter 13 case dismissed due to debtor's failure to obtain credit counseling or to establish exigent circumstances to justify a waiver.
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In re Kimsel

A debtor requested a waiver, based on exigent circumstances, of the requirement in 11 U.S.C. § 109(h) that he obtain credit counseling prior to the filing of his chapter 13 bankruptcy petition. The debtor requested an additional 30 days in which to obtain the counseling.
Ruling: 
Foreclosure sale on filing date did not create exigent circumstances sufficient to justify waiver of credit counseling requirement.
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In re Hess

Two debtors each filed a bankruptcy petition subject to the Bankruptcy Abuse Prevention and Consumer Protection Act without the proof of prepetition credit counseling required by 11 U.S.C. § 109(h)(1). The trustee in bankruptcy moved to dismiss the second of the two petitions. The court issued orders to show cause why the petitions should not be dismissed.
Ruling: 
Exemptions from prepetition credit counseling requirement granted where debtors had attempted to comply in good faith.
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In re Odette

The debtors moved to convert their chapter 7 case to chapter 13. Creditors filed objections. The first objection was that the debtors were ineligible under 11 U.S.C. § 109(e), because their total debts exceeded the chapter 13 unsecured debt ceiling. The second objection was that irrespective of the outcome of the first objection, the attempted conversion was in bad faith.
Ruling: 
Debtors'guarantee of corporate debt did not cause them to exceed debt limits for chapter 13 and conversion from chapter 7 was allowed.
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