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D.C. Circuit

In re Hunt-Shannon

Petitioner debtors filed an objection to respondent creditor's proof of claim on a loan made to a debtor.
Ruling: 
Court required debtors to file an affidavit rebutting prima facie validity of creditor's proof of claim and held that debtors had burden of proving payment in full.
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In re Mills

A bankruptcy petitioner obtained credit counseling as required by 11 U.S.C. § 109(h) on the same day that her bankruptcy petition was filed. The trustee moved to dismiss the petition based on the petitioner's ineligibility to be a debtor under section 109(h).
Ruling: 
Case was dismissed since debtor obtained credit counseling on same day as filing.
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In re Hawkins

The court previously entered an order to show cause why debtor's case ought not be dismissed for failure to obtain credit counseling prior to the petition date, as required to satisfy the requirements of 11 U.S.C. § 109(h).
Ruling: 
Court deemed that debtor need only make colorable claim of receiving credit counseling to assert jurisdiction and impose automatic stay.
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In re Hawkins

In a chapter 7 case, debtor moved for an extension of time to file a certificate of credit counseling under 11 U.S.C. § 109(h)(1).
Ruling: 
Debtor was denied motion to extend the time to file a certificate of credit counseling since debtor had failed to obtain counseling prefiling.
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In re Jacobs

The court earlier entered its Order and Notice re: Opportunity to Request Hearing under 11 U.S.C. § 727(a)(12) to Bar Entry of Discharge, which gave notice to any party in interest to debtor's case that a request for a hearing to consider barring the entry of debtor's discharge needed to be filed within 21 days of the entry of the court's order. Before the court was the one such request it received, from debtor's landlord.
Ruling: 
Request for hearing to bar entry of discharge under section 727(a)(12) was denied since debtor elected to use federal exemptions not state and local ones.
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In re Hooper

Before the court was debtor's application for waiver of the chapter 7 filing fee for individuals who cannot pay the filing fee in full or in installments.
Ruling: 
Debtor was granted waiver of chapter 7 filing fee since debtor's income was below poverty level and debtor was unable to pay the fee in installments.
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In re McCray

The debtor leased property from the owners of the property who themselves had a history of bankruptcy filings in an effort to prevent creditor from foreclosing on the subject property. The creditor moved for relief from the automatic stay or for a determination that no stay arose by reason of 11 U.S.C. § 362(b)(22). The creditor claimed to own the property by reason of a foreclosure sale.
Ruling: 
Creditor's motion for relief from stay was granted since filnig was made in bad faith.
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In re Anderson

An owner of real property through a foreclosure sale obtained a writ of possession of the property, which was occupied by a bankruptcy debtor, after the debtor filed her bankruptcy petition, and the owner sought to evict the debtor. Pursuant to 11 U.S.C. § 362(d)(1), the owner moved to annul the automatic bankruptcy stay to allow the eviction.
Ruling: 
Owner's motion to annual bankruptcy stay was granted to allow eviction to proceed.
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In re Hairston

Movant debtor filed an application for waiver of the chapter 7 filing fee pursuant to 28 U.S.C. § 1930(f)(1).
Ruling: 
Debtor's application for waiver of the chapter 7 filing fee was denied since the debtor's filings suggested that the debtor had the resources to pay the filing fee in installments if not in full.
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In re Ross-Tucker

A chapter 7 trustee obtained a judgment ordering the debtor to pay the trustee an amount representing proceeds of a lawsuit settlement that the debtor failed to disclose. The trustee then filed motions to hold the debtor in contempt and to surcharge the debtor's exempt property (the debtor's home) based on the debtor's failure to comply with the judgment.
Ruling: 
A surcharge against exempt property was allowed where a debtor failed to disclose and spent case settlement proceeds.
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