§ 109

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

In re Oliver

Before the court was a pro se motion to waive the credit counseling requirement filed by debtor. The motion asserted that because of debtor's "incapacity" and "disability" the court should waive the requirement that he obtain credit counseling.
Ruling: 
Case dismissed due to failure to meet credit counseling requirement or show attempt to comply, disability or incapacity.
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Consumer case opionion summary, case decided on March 25,2013, LexisNexis #0413-071

Bourgeois v. Bank of Am. (In re Bourgeois)

Chapter 7 debtor challenged an order from the United States Bankruptcy Court for the District of Minnesota, which denied his motion of reconsideration of its order dismissing the debtor's case.
Ruling: 
Case properly dismissed as incarceration did not entitle debtor to waiver of credit counseling requirement.
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Consumer case opionion summary, case decided on March 22,2013, LexisNexis #0413-106

In re Osborne

Debtors filed a petition under chapter 7 of the Bankruptcy Code in November 2011 and received a discharge in March 2012. The court granted the chapter 7 trustee's motion to reopen the debtors' case to administer an asset not previously discovered, and the debtors filed a motion for an order vacating their discharge and dismissing their case, on grounds that they were ineligible to be debtors under 11 U.S.C.S. § 109(h).
Ruling: 
Debtor could not claim use of outdated credit counseling certificate was grounds to vacate trustee's motion to reopen to administer undisclosed assets.
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Consumer case opionion summary, case decided on March 14,2013, LexisNexis #0413-001

In re Stouder

Before the court was an objection filed by a creditor to the confirmation of the chapter 13 debtor's plan, and a motion to dismiss, based on the creditor's allegation that the debtor was not eligible to be a debtor under 11 U.S.C.S. § 109(e) because its debts exceeded the liquidated, non- contingent unsecured debt limits.
Ruling: 
Objection to confirmation based on debt limits overruled where creditor's claim for fees in state court case was unliquidated.
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Consumer case opionion summary, case decided on February 11,2013, LexisNexis #0313-073

In re Vernon

Bankruptcy debtors were incarcerated in state prisons when they filed their bankruptcy petition, and the debtors failed to obtain the credit counseling required by 11 U.S.C.S. § 109(h) for bankruptcy eligibility, either pre-petition or within the extended post-petition period granted by the court. The debtors were ordered to show cause why their case should not be dismissed.
Ruling: 
Incarcerated debtor's case dismissed for failure to obtain required credit counseling.
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Consumer case opionion summary, case decided on January 31,2013, LexisNexis #0313-002

In re Kwiatkowski

Following hearings on confirmation of the debtor's proposed chapter 13 plan, and the objection to confirmation raised by moving unsecured creditor, which asserted the debtor's plan was not proposed in good faith as required by 11 U.S.C.S. § 1325(a)(3).
Ruling: 
Confirmation denied due to unsecured claims in excess of chapter 13 debt limits.
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Consumer case opionion summary, case decided on January 25,2013, LexisNexis #0313-074

In re Jackson

A chapter 13 debtor filed a motion for exemption from credit counseling due to exigent circumstances pursuant to 11 U.S.C.S. § 109(h)(3)(A).
Ruling: 
Exemption from prepetition credit counseling requirement granted where debtor made credible good faith effort to complete counseling prior to filing petition.
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Consumer case opionion summary, case decided on December 11,2012, LexisNexis #0413-036

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