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§ 109

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

In re Piovanetti

A bank filed an objection to an amended plan and a request for dismissal, arguing that the debtor was ineligible to be a chapter 13 debtor under 11 U.S.C.S. § 109(e). The debtor affirmed his eligibility alleging that he was not the principal debtor of the debt with the bank, but rather the guarantor. He alleged that the same was contingent upon the principal's default on the loan and could not be considered as a claim for eligibility purposes.
Ruling: 
Debt to bank that was liquidated and not contingent caused debtor to exceed limit for chapter 13 eligibility.
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Consumer case opionion summary, case decided on May 16,2013, LexisNexis #0613-108

In re Reed

Both the chapter 13 trustee and the debtor's former spouse moved by separate motions to dismiss the chapter 13 case on the basis that the debtor owed debts that exceeded the allowable amounts provided for under 11 U.S.C.S. § 109(e).
Ruling: 
Case dismissed as noncontingent guaranteed debt caused debtor to exceed chapter 13 limits.
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Consumer case opionion summary, case decided on May 14,2013, LexisNexis #0613-071

In re Diaz

A prison inmate filed a bankruptcy petition and, based on the inmate's incarceration, moved for a waiver of the requirement for credit counseling in order to be eligible under 11 U.S.C.S. § 109 to be a bankruptcy debtor.
Ruling: 
Incarceration did not constitute exigent circumstances that would allow waiver of credit counseling requirement.
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Consumer case opionion summary, case decided on April 25,2013, LexisNexis #0513-107

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