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§ 521

In re Moates

Jan
27
2006
Ruling
Debtors whose debts were not primarily consumer debts were not required to file a statement of current monthly income as the filing of schedules I and J provided redundant information and, thus, satisfied that requirement.
Procedural posture

Debtors in two bankruptcy cases submitted to the court the question of whether they were required under 11 U.S.C. § 521(a)(1)(B)(v), as individual debtors whose debts were primarily business debts, to file a statement of current monthly income. The question was before the court for decision.

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opinion summary, case decided on January 27, 2006 , LexisNexis #0206-058
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In re Keith

Jan
25
2006
Ruling
Debtor failed to disclose an insurance fraud claim during the debtor's case and claimed a state law exemption after the case was reopened in bad faith.
Procedural posture

On November 5, 2003, an order of discharge on behalf of debtors was entered. On June 7, 2005, the trustee moved to reopen the case on the grounds that he learned that one debtor had an insurance fraud claim worth approximately $5,000 which was not reported during the course of the bankruptcy case. Debtors filed an amended Schedule B to list the fraud claim and asserted an exemption under Ky. Rev. Stat. Ann. § 427.010(1). The trustee objected.

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opinion summary, case decided on January 25, 2006 , LexisNexis #0306-007
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Miller v. Advantage Credit Counseling Service (In re Miller)

Jan
05
2006
Ruling
Alleged facsimile from credit counseling agency did not meet certification of credit counseling requirement, but the court treated document as a motion for a reasonable time to obtain the certification.
Procedural posture

Debtor filed a chapter 13 bankruptcy petition. The court granted debtor's motion for an extension of time for filing the certificate of credit counseling required under 11 U.S.C. §§ 109(h)(1) and 521(b). Debtor filed a document that was purportedly a certificate of credit counseling.

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opinion summary, case decided on January 05, 2006 , LexisNexis #0206-095
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In re Bartholomew

Dec
30
2005
Ruling
Court denied the debtor's application to not have to submit certain required payment advices but with leave for the debtor to request a determination that the proceeding was not subject to automatic dismissal for failure to submit all required information.
Procedural posture

Debtor filed an application to waive the submission of some of the payment advices that he received during the sixty days prior to his bankruptcy filing. He asked that the motion be granted without a hearing. Because debtor's chapter 13 bankruptcy case was commenced after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the case was subject to the Act's provisions.

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opinion summary, case decided on December 30, 2005 , LexisNexis #0206-096
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