- 11 U.S.C.
Grossman v. Beal (In re Beal)
Jul
28
2006
Ruling
Court ruled that section 109(g)(2) did not apply where it thwarted Congressional intent and, thus, debtors'refiled case was deemed permissible.
Procedural posture
Pursuant to 28 U.S.C. § 158(a)(3), appellant trustee sought leave to appeal the interlocutory order of the bankruptcy court denying her motion to dismiss the bankruptcy petition of appellee debtors. The trustee moved to dismiss based on 11 U.S.C. § 109(g)(2).
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Court
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In re Bricksin
Jul
26
2006
Ruling
Motion to dismiss case was denied since debtors' participation in debt repayment plan constitued ongoing credit counseling sufficient to satisfy 180-day prior to filing credit counseling requirement.
Procedural posture
After the debtors filed for bankruptcy protection under chapter 7, the U.S. trustee moved to dismiss their case pursuant to 11 U.S.C. §§ 707(a), 109(h) and 521(b) and Fed. R. Bankr. P., Interim R. 1007(b)(3). The trustee asserted that the debtors failed to file certificates from an approved credit counseling agency evidencing their receipt of credit counseling within the 180-day period preceding the date of filing the petition
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Court
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In re Nelson
Jul
26
2006
Ruling
Debtor was not eligible for chapter 13 relief since debtor filed plan in bad faith.
Procedural posture
In a prior proceeding, the bankruptcy court summarily ruled that the debtor's proposed chapter 13 plan was filed in bad faith and dismissed the case. The Bankruptcy Appellate Panel for the Ninth Circuit reversed the decision and remanded the case, holding that the bankruptcy court should have permitted the debtor to amend her plan before dismissing the case.
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Court
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In re Elmendorf
Jul
18
2006
Ruling
Three cases dismissed for failure to comply with credit counseling requirement but dismissal "with prejudice" applied only if warranted by facts.
Procedural posture
Three separate bankruptcy cases of three debtors were before the court on three separate Motions to Dismiss for Cause filed by the U.S. Trustee.
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Court
:
- 11 U.S.C.
In re Toccaline
Jul
17
2006
Ruling
Case was dismissed since debtors were unable to obtain the credit counseling within the required five-day period from their request.
Procedural posture
The issue before the court was whether to dismiss the case due to the debtors' failure to obtain prepetition credit counseling. The debtors filed a certificate of exigent circumstances and an amended certificate of exigent circumstances. The chapter 13 trustee objected to the amended certificate on the grounds that the debtors'request for counseling on the petition date failed to satisfy the requirements of 11 U.S.C. § 109(h)(3)(A)(ii).
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Court
:
In re Westover
Jul
11
2006
Ruling
Court granted debtor's motion to dismiss case since debtor had not complied with prefiling credit counseling requirement.
Procedural posture
A debtor filed a motion to dismiss or strike her chapter 7 bankruptcy case based upon her failure to obtain credit counseling before the petition date.
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Court
:
- 11 U.S.C.
In re Piontek
Jul
05
2006
Ruling
Case was dismissed since evidence did not show that debtor could not have afforded to pay for prefiling credit counseling.
Procedural posture
Debtors were a husband and wife who jointly commenced the instant case by filing a voluntary bankruptcy petition under chapter 13. The issue before the court was whether debtors'alleged inability to pay for credit counseling was a sufficient reason for the court to ignore the mandate found in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U.S.C. § 109(h)(3).
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Court
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In re Adams
Jun
27
2006
Ruling
Disputed IRS debt could not be considered in debt limit calculation for chapter 13 eligibility.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the debtor's case. The trustee alleged that the debtor was not eligible for relief under chapter 13 because he exceeded the debt limits in 11 U.S.C. § 109(e).
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Court
:
In re Brown
Jun
23
2006
Ruling
Claim for treble damages for debtor's fraudulent medical invoices was unsecured and unliquidated and did not cause debtor to exceed chapter 13 debt ceiling.
Procedural posture
An unsecured creditor and a trustee filed motions to dismiss a debtor's chapter 13 bankruptcy case on the ground that the debt owed to the creditor exceeded the debt ceiling set forth in 11 U.S.C. § 109(e).
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Court
:
- 11 U.S.C.
In re Petit-Louis
Jun
23
2006
Ruling
Court upheld waiver of credit counseling since debtor could not find credit counseling in debtor's native language.
Procedural posture
The debtor, who spoke limited English, could not obtain the requisite prefiling credit counseling in Creole, nor could he afford to hire an interpreter. The yrustee moved for reconsideration of the court's order granting the debtor a waiver of the credit counseling required by 11 U.S.C. § 109(h)(1). At the hearing on the matter, after resting, the trustee moved to introduce affidavits into evidence.
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Court
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