Judge Flatley

In re Boring

A creditor filed a motion to confirm the absence of the automatic stay after the debtor failed to affirmatively state on her statement of intention whether she was reaffirming, redeeming, or surrendering the collateral that secured her debt.
Ruling: 
Motion to confirm absence of automatic stay was granted since debtor's statement of intention failed to state whether debtor was reaffirming, redeeming, or surrendering collateral securing debt.
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In re Latovljevic

The debtor requested an exemption from the Bankruptcy Code's credit counseling requirements due to his incarceration. The trustee objected to the request for an exemption and sought to have the debtor's case dismissed on the basis that the debtor failed to obtain prepetition, non-profit, budget and credit counseling services.
Ruling: 
Court denied debtor's request for exemption from prefiling credit counseling due to incarceration and dismissed case.
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In re Carr

A debtor was ordered to show cause why his chapter 13 bankruptcy case should not have been dismissed for failure to obtain prepetition, non-profit, budget and credit counseling as required by 11 U.S.C. § 109(h).
Ruling: 
Case was dismissed since debtor failed to request prefiling credit counseling.
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In re Shipman

Debtors filed a motion to redeem the non-exempt portion of their principal residence from the trustee pursuant to 11 U.S.C. § 722 or appropriate relief to purchase or redeem the non-exempt portion of their principal residence.
Ruling: 
Court denied motion to redeem debtors'principal residence since section 722 redemption did not apply to real property.
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