Title

Jurisdiction

Decided date

Filing type

11 U.S.C.

In re Hawkins

Mar

2006

Ruling

Debtor was denied motion to extend the time to file a certificate of credit counseling since debtor had failed to obtain counseling prefiling.

Procedural posture

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).

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Court :

District of District of Columbia ( Judge Teel, Jr. ) [ Bankruptcy Court ]

opinion summary, case decided on March 20, 2006 , LexisNexis #0606-001

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11 U.S.C.

In re Jacobs

Mar

2006

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.

Procedural posture

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.

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Court :

District of District of Columbia ( Judge Teel, Jr. ) [ Bankruptcy Court ]

opinion summary, case decided on March 09, 2006 , LexisNexis #0606-005

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28 U.S.C.
- § 1930
- § 1930(f)

In re Hooper

Feb

2006

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.

Procedural posture

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.

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Court :

District of District of Columbia ( Judge Teel, Jr. ) [ Bankruptcy Court ]

opinion summary, case decided on February 23, 2006 , LexisNexis #0606-008

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11 U.S.C.

In re McCray

Feb

2006

Ruling

Creditor's motion for relief from stay was granted since filnig was made in bad faith.

Procedural posture

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.

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Court :

District of District of Columbia ( Judge Teel, Jr. ) [ Bankruptcy Court ]

opinion summary, case decided on February 15, 2006 , LexisNexis #0706-040

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11 U.S.C.

In re Anderson

Feb

2006

Ruling

Owner's motion to annual bankruptcy stay was granted to allow eviction to proceed.

Procedural posture

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.

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Court :

District of District of Columbia ( Judge Teel, Jr. ) [ Bankruptcy Court ]

opinion summary, case decided on February 06, 2006 , LexisNexis #0706-051

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28 U.S.C.

In re Hairston

Jan

2006

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.

Procedural posture

Movant debtor filed an application for waiver of the chapter 7 filing fee pursuant to 28 U.S.C. § 1930(f)(1).

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Court :

District of District of Columbia ( Judge Teel, Jr. ) [ Bankruptcy Court ]

opinion summary, case decided on January 24, 2006 , LexisNexis #0206-061

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11 U.S.C.

In re Ross-Tucker

Nov

2005

Ruling

A surcharge against exempt property was allowed where a debtor failed to disclose and spent case settlement proceeds.

Procedural posture

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.

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Court :

District of District of Columbia ( Judge Teel, Jr. ) [ Bankruptcy Court ]

opinion summary, case decided on November 28, 2005 , LexisNexis #0106-029

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