In re Millan
May
21
2014
Ruling
Case properly dismissed absent required credit counseling or waiver.
Issue(s)
Was dismissal due to debtor's failure to obtain required credit counseling proper?
ABI Membership is required to access the full summary of In re Millan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Taal v. Sumski (In re Taal)
Jan
30
2014
Ruling
Case dismissed where debtor received credit counseling more than 180 days prior to petition date and then again after the petition date.
Issue(s)
Did credit counseling received either 180 days prior to petition date or after petition date satisfy the requirements of the Bankruptcy Code?
ABI Membership is required to access the full summary of Taal v. Sumski (In re Taal) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Walker
Dec
09
2013
Ruling
Credit counseling received on petition date after filing of petition satisfied requirements.
Issue(s)
Was credit counseling received by debtor on petition date after petition was filed timely.
ABI Membership is required to access the full summary of In re Walker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re England
Sep
27
2013
Ruling
Case dismissed due to debtor's failure to complete required credit counseling.
Issue(s)
Whether the court should dismiss a debtor's chapter 13 bankruptcy petition because the debtor did not receive credit counseling within 180 days before she filed her petition and the court had already denied her motion to extend the time for completing credit counseling.
ABI Membership is required to access the full summary of In re England Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re England
Jun
10
2013
Ruling
Extension of time to obtain required credit counseling in debtor's fifth case denied.
Procedural posture
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).
ABI Membership is required to access the full summary of In re England Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Oliver
Mar
25
2013
Ruling
Case dismissed due to failure to meet credit counseling requirement or show attempt to comply, disability or incapacity.
Procedural posture
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.
ABI Membership is required to access the full summary of In re Oliver Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Bourgeois v. Bank of Am. (In re Bourgeois)
Mar
22
2013
Ruling
Case properly dismissed as incarceration did not entitle debtor to waiver of credit counseling requirement.
Procedural posture
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.
ABI Membership is required to access the full summary of Bourgeois v. Bank of Am. (In re Bourgeois) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
In re Osborne
Mar
14
2013
Ruling
Debtor could not claim use of outdated credit counseling certificate was grounds to vacate trustee's motion to reopen to administer undisclosed assets.
Procedural posture
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).
ABI Membership is required to access the full summary of In re Osborne Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Vernon
Jan
31
2013
Ruling
Incarcerated debtor's case dismissed for failure to obtain required credit counseling.
Procedural posture
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.
ABI Membership is required to access the full summary of In re Vernon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Jackson
Dec
11
2012
Ruling
Exemption from prepetition credit counseling requirement granted where debtor made credible good faith effort to complete counseling prior to filing petition.
Procedural posture
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).
ABI Membership is required to access the full summary of In re Jackson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: