Title

Jurisdiction

Decided date

Filing type

11 U.S.C.

In re Louredo

Nov

2005

Ruling

Debtor's case was dismissed even though the debtor obtained after filing the required credit counseling since, on filing, the debtor's certificate of exigent circumstances was insufficient.

Procedural posture

Debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code, together with a certificate of exigent circumstances. The court held that the certificate was deficient because it lacked a statement that the debtor had attempted but was unable to obtain the credit counseling required by 11 U.S.C. § 109(h)(1). The debtor subsequently filed a certificate reflecting that she received the required credit counseling.

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Court :

Eastern District of Virginia ( Judge Mitchell ) [ Bankruptcy Court ]

opinion summary, case decided on November 16, 2005 , LexisNexis #0306-108

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11 U.S.C.
- § 109
- § 109(h)

In re Allen

Nov

2005

Ruling

Court dismissed the debtor's case since the debtor's certificate of exigent circumstances regarding the prefiling credit counseling requirement was deficient.

Procedural posture

The debtor filed a voluntary petition for relief under chapter 13 of the Bankruptcy Code and a certification of exigent circumstances as to why she had not obtained credit counseling, as required by 11 U.S.C. § 109(h). The court held that the certificate was deficient because it lacked a statement that the debtor had attempted but was unable to obtain the required counseling, and it granted the debtor leave to file a supplemental certificate.

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Court :

Eastern District of Virginia ( Judge Mitchell ) [ Bankruptcy Court ]

opinion summary, case decided on November 15, 2005 , LexisNexis #0306-106

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11 U.S.C.
- § 522
- § 522(h)

Khuu v. Beeren & Barry Invs. LLC (In re Khuu)

Oct

2005

Ruling

Court denied a motion to dismiss the debtor's complaint since the complaint stated a claim and the debtors had standing under the circumstances to assert transfer avoidance powers that ordinarily reside with the trustee.

Procedural posture

Plaintiffs, chapter 13 debtors, brought an action to set aside a prepetition foreclosure sale at which defendant purchasers bought debtors'house. Defendants moved to dismiss the complaint for lack of jurisdiction and failure to state a claim for relief.

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Court :

Eastern District of Virginia ( Judge Mitchell ) [ Bankruptcy Court ]

opinion summary, case decided on October 13, 2005 , LexisNexis #0406-053

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11 U.S.C.

In re Rudy

Oct

2005

Ruling

Debtor's former wife and the wife's attorney were held in contempt for violating a discharge injunction by pursuing indemnification for credit card debts for which the debtor's liability was deemed to have arisen prepetition.

Procedural posture

A chapter 7 matter was before the court on an order requiring debtor's former wife and her attorney to show cause why they should not be held in civil contempt, and appropriate sanctions imposed, for violation of the discharge injunction.

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Court :

Eastern District of Virginia ( Judge Mitchell ) [ Bankruptcy Court ]

opinion summary, case decided on October 12, 2005 , LexisNexis #0406-055

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42 U.S.C.
- § 292f
- § 292f(g)

In re Lawrence

Aug

2005

Ruling

Debtor's HEAL student loans were deemed nondischargeable and the undue hardship argument was irrelevant since an unconscionability standard applied and the debtor did not plead unconscionability sufficiently.

Procedural posture

Plaintiff chapter 7 debtor filed an adversary proceeding against defendant United States and others to determine the dischargeability of his various student loan obligations. The United States, on behalf of the Department of Health and Human Services, moved to dismiss with respect to the debtor's Health Education Assistance Loans ("HEAL").

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Court :

Eastern District of Virginia ( Judge Tice, Jr. ) [ Bankruptcy Court ]

opinion summary, case decided on August 18, 2005 , LexisNexis #0306-069

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11 U.S.C.

In re Moroney

Jun

2005

Ruling

Chapter 13 petition was dismissed due to debtor bad faith in proposing modest payout in plan since the tax debt was recently not discharged under chapter 7 and the debtor showed no evidence of financial troubles or efforts to pay the tax debt.

Procedural posture

Primary creditor, the IRS, objected to the confirmation of the debtor's chapter 13 plan for lack of good faith and for not devoting all of debtor's disposable income into the performance of the plan. The U.S. trustee moved to dismiss the case based on 11 U.S.C. §§ 1307 and 1325.

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Court :

Eastern District of Virginia ( Judge Mitchell ) [ Bankruptcy Court ]

opinion summary, case decided on June 08, 2005 , LexisNexis #0106-102

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