§ 109

In re Acee

Ruling: 
Debtor was not a family farmer eligible under chapter 12 as less than half of debts were farm debts.
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Consumer case opionion summary, case decided on November 12,2013, LexisNexis #1213-001

In re Walls

Ruling: 
Issue of whether IRS secured nonpriority claim was discharged in prior case has to be resolved in an adversary proceeding as it went to eligibility.
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Consumer case opionion summary, case decided on July 09,2013, LexisNexis #0813-001

In re England

A chapter 13 debtor filed a motion for an extension of time to receive credit counseling after she filed her petition pursuant to 11 U.S.C.S. § 109(h)(3)(A).
Ruling: 
Extension of time to obtain required credit counseling in debtor's fifth case denied.
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Consumer case opionion summary, case decided on June 10,2013, LexisNexis #0713-072

In re Cabral

Debtors Antonio filed three chapter 12 bankruptcies in the last 29 months. A creditor moved to dismiss the third bankruptcy and sought a 180 day filing bar.
Ruling: 
Chapter 12 debtor's third case in 29 months dismissed with 180 day filing bar due to debts in excess of limits and bad faith.
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Consumer case opionion summary, case decided on June 03,2013, LexisNexis #0713-071

In re Jones

Debtor filed a chapter 13 bankruptcy case. The chapter 13 Trustee filed a petition to dismiss the case alleging that the debtor was over the jurisdictional limits of 11 U.S.C.S. § 109(e) and was therefore ineligible for chapter 13 relief.
Ruling: 
Case ordered converted or dismissed due to unsecured debt in excess of chapter 13 limits.
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Consumer case opionion summary, case decided on May 28,2013, LexisNexis #0713-001

In re Brown

In a chapter 13 bankruptcy case, the debtors filed a motion seeking to set aside a foreclosure sale conducted by a creditor as violative of the automatic stay.
Ruling: 
Foreclosure conducted pursuant to relief from stay granted in debtor's prior dismissed case could not be set aside as debtor was ineligible in second case.
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Consumer case opionion summary, case decided on May 28,2013, LexisNexis #0613-072

In re Miller

A bankruptcy trustee filed a motion to dismiss the chapter 13 bankruptcy case filed by the debtors.
Ruling: 
Case ordered dismissed or converted due to unsecured debt in excess of chapter 13 limits.
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Consumer case opionion summary, case decided on May 21,2013, LexisNexis #0613-107

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