- 11 U.S.C.
In re Mitchell
Jun
17
2008
Ruling
Postpetition credit counseling did not satisfy requirement where temporary waiver had been denied.
Procedural posture
A debtor filed a motion for reconsideration of an order, which dismissed his chapter 7 case for failure to comply with the credit counseling requirement articulated in 11 U.S.C.S. § 109(h).
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Court
:
- 11 U.S.C.
In re Jones
Jun
17
2008
Ruling
Postpetition certificate of education did not satisfy requirement for prepetition credit counseling.
Procedural posture
The United States Trustee filed a motion to dismiss a debtor's chapter 7 bankruptcy case on the ground that the debtor failed to obtain credit counseling as required by 11 U.S.C.S. § 109(h)(1) prior to filing his case.
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Court
:
- 11 U.S.C.
In re Spencer
May
13
2008
Ruling
Dismissal for failure to file required schedules and statements was effective on date of order, not on earlier expiration of 45-day deadline.
Procedural posture
The court had already entered an order granting the United States Trustee's motion, pursuant to 11 U.S.C.S. § 521(i)(2), to dismiss the debtor's case on the basis of 11 U.S.C.S. § 521(i)(1). At issue was the proper date on which the dismissal should be deemed to have become effective, the date the order was entered, or 45 days following the date on which the petition was filed.
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Court
:
- FRBP
In re Fendall
May
08
2008
Ruling
Lis pendens was not evidence of secured claim.
Procedural posture
The debtor filed an objection to creditor's claim asserting that the claim was not in proper form, was not supported by documentation required if the claim was alleged to be secured, and provided insufficient documentation to establish the amount of the claim. Attached to the proof of claim was a lis pendens notice in which the creditor alleged that she advanced a total of at least $ 71,000 to the debtor.
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Court
:
- 11 U.S.C.
In re Parker
May
08
2008
Ruling
Debtor who failed to file required certificate and payment on petition date not entitled to challenge applicability of stay to prepetition eviction proceeding.
Procedural posture
After the court issued an order determining that 11 U.S.C.S. § 362(b)(22) was applicable to a landlord's pre-petition judgment for possession of the debtor's residence, the debtor filed a motion for reconsideration.
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Court
:
- 11 U.S.C.
In re Parker
May
01
2008
Ruling
Debtor who had not certified or made required deposit not entitled to cure prepetition judgment for possession.
Procedural posture
The debtor's landlord had a prepetition judgment for possession of the debtor's residence, and the landlord filed an objection to the debtor's attempt to certify that he had a right to cure the default that gave rise to the prepetition judgment for possession under 11 U.S.C.S. § 362(l)(1).
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Court
:
- 11 U.S.C.
Dawson v. Thomas (In re Dawson)
Apr
09
2008
Ruling
Debtor's TILA actions were preserved by tolling provisions of Bankruptcy Code.
Procedural posture
Debtor objected to a proof of claim filed in her chapter 13 by defendant agent and secured by a residential mortgage. She also sought relief against defendant lender and defendant broker. At issue, inter alia, was whether she was entitled to pursue the claims and whether either or both defendants were liable per the Truth In Lending Act (TILA), 15 U.S.C.S. § 1601 et seq., or the D.C. Home Loan Protection Act, D.C. Code § 26-1151.01 et seq.
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Court
:
- 11 U.S.C.
Dawson v. Thomas (In re Dawson)
Apr
09
2008
Ruling
Equitable tolling operated to preserve debtor's Truth in Lending Act cause of action.
Procedural posture
Debtor objected to a proof of claim filed in her chapter 13 by defendant agent and secured by a residential mortgage. She also sought relief against defendant lender and defendant broker. At issue, inter alia, was whether she was entitled to pursue the claims and whether either or both defendants were liable per the Truth In Lending Act (TILA), 15 U.S.C.S. § 1601 et seq., or the D.C. Home Loan Protection Act, D.C. Code § 26-1151.01 et seq.
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Court
:
- 11 U.S.C.
In re Goldston
Jan
23
2008
Ruling
Landlord covered by exception to automatic stay where debtor failed to file certifications or challenge applicability.
Procedural posture
In the debtor's voluntary petition, she left blank the section to be completed by tenants of residential property. The court concluded that the landlord's request for 11 U.S.C.S. § 3623(l)(4)(B) certification was unnecessary. That section was inapplicable because the debtor's petition failed to disclose the existence of a pre-petition judgment for possession, and such certification was only required if the debtor, in accordance with 11 U.S.C.S. § 362(l)(5), first indicated on her petition that a pre-petition judgment for possession was obtained and then neglected to file the necessary certifications regarding her right to cure the default that gave rise to the judgment. The debtor made no disclosures as to any pre-petition judgments for possession and made no contention that 11 U.S.C.S. § 362(b)(22)'s exception to the automatic stay was inapplicable.
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Court
:
In re Lloyd
Dec
18
2007
Ruling
Chapter 7 case reopened upon recovery of prepetition unpaid earnings and converted to chapter 13 with opportunity for filing proofs of claim regardless of prior discharge.
Procedural posture
The debtor received a discharge under chapter 7. Almost six years after that case was closed, the debtor filed a motion to reopen the case, reporting that the debtor has been awarded a monetary recovery which included unpaid earnings during the period that preceded the filing of his bankruptcy case. The court granted the motion to reopen. The debtor then moved to convert the case to a case under chapter 13.
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Court
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