- 11 U.S.C.
In re DiPinto
Jan
30
2006
Ruling
Waiver of credit counseling requirement was denied, and the case was dismissed since the debtor had failed to demonstrate that the debtor had sought counseling in advance of filing.
Procedural posture
Debtor filed a chapter 13 petition without having first obtained credit counseling as required by the Bankruptcy Abuse Prevention and Consumer Protection Act. In lieu of a certificate reflecting completion of credit counseling, debtor's counsel filed a request for a waiver of that requirement, pursuant to 11 U.S.C. § 109(h)(3).
ABI Membership is required to access the full summary of In re DiPinto Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Shepard
Jan
25
2006
Ruling
Debtor husband was ineligible for chapter 13 relief because the debtor husband's unsecured claims exceeded the statutory limit.
Procedural posture
Bankruptcy debtors, husband and wife, filed a joint chapter 13 bankruptcy petition, but the debtors did not identify as an asset a condominium that was co-owned by the husband and a daughter. A lender which financed the purchase of the condominium filed a proof of a secured mortgage claim, and the trustee moved to dismiss the debtors petition based on debt limits under 11 U.S.C. § 109(e).
ABI Membership is required to access the full summary of In re Shepard Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Slocum Lake Drainage Dist.
Jan
19
2006
Ruling
Debtor's case was dismissed since the debtor was not authorized under Illinois law to file a petition under chapter 9.
Procedural posture
The debtor, a county drainage district located in the State of Illinois petitioned for bankruptcy relief pursuant to chapter 9. The movant creditor sought dismissal of the petition pursuant to 11 U.S.C. § 921(c), because it contended that the debtor was not authorized under Illinois law to file a petition under chapter 9, as required by 11 U.S.C. § 109(c)(2).
ABI Membership is required to access the full summary of In re Slocum Lake Drainage Dist. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Henderson
Jan
17
2006
Ruling
Debtor was denied an extension to file a credit counseling certificate but given time to obtain further legal advice since the debtor had not shown sufficient exigent circumstances to warrant the extension.
Procedural posture
Petitioner debtor filed a petition for relief under chapter 13 of the Bankruptcy Code. On that same day, she also filed a Request for Thirty-Day Extension To File Credit Counseling Certificate, which was before the court for a decision.
ABI Membership is required to access the full summary of In re Henderson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Buis
Jan
11
2006
Ruling
Debtors'chapter 13 case was dismissed on a creditor's motion since the creditor's claim of attorneys'fees incurred in obtaining a judgment against the debtors was a noncontingent, liquidated claim that put the debtors over the unsecured debt limit.
Procedural posture
Creditor filed a motion to dismiss chapter 13 debtors'case or convert it to a case under chapter 7.
ABI Membership is required to access the full summary of In re Buis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Schmidt
Jan
04
2006
Ruling
Debtors'chapter 13 case was dismissed since they failed to show they had sufficient income to fund a plan and because their noncontingent, liquidated, unsecured debts exceeded the statutory limit.
Procedural posture
Debtors filed for bankruptcy relief under chapter 13. The creditors filed two motions to dismiss the petition and a motion to show cause why the bankruptcy proceeding should not be dismissed. The creditors contended that the debtors were not eligible for chapter 13 relief, pursuant to 11 U.S.C. § 109(e), that the debtors did not file in good faith.
ABI Membership is required to access the full summary of In re Schmidt Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Rodriguez
Dec
09
2005
Ruling
Debtors'case was dismissed since they failed to justify their request for a waiver of the credit counseling certification requirement.
Procedural posture
Debtors filed a voluntary joint bankruptcy petition under chapter 13. The debtors filed a request for waiver of timely filing of an 11 U.S.C. § 109(h) credit counseling certificate.
ABI Membership is required to access the full summary of In re Rodriguez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Davenport
Dec
06
2005
Ruling
Debtor was not excused from prepetition credit counseling requirement despite exigent circumstances because the debtor failed to make a prefiling request for counseling.
Procedural posture
The debtor filed a motion to be excused from complying with the prepetition credit counseling requirement of 11 U.S.C. § 109(h), alleging only that certain "exigent circumstances" — the imminent repossession of the debtor's truck — made prepetition credit counseling "meaningless." Two days after filing the petition, the debtor did receive the approved credit counseling.
ABI Membership is required to access the full summary of In re Davenport Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Mortg. Elec. Registration Sys. v. Townsend (In re Townsend)
Dec
02
2005
Ruling
Court denied the debtor's emergency motion to reconsider a section 109(g) dismissal order since the debtor failed to file a court-requested affidivat of making chapter 13 plan payments or postpetition mortgage arrearages.
Procedural posture
Debtor filed a pro se motion styled as "Emergency Motion to Reconsider Order of Dismissal Pursuant to 11 U.S.C. § 109(g) to Shorten Time for Notice and to Permit Re-Filing." The motion was opposed by creditor, which filed a request to deny debtor's Emergency Motion.
ABI Membership is required to access the full summary of Mortg. Elec. Registration Sys. v. Townsend (In re Townsend) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Talib
Dec
01
2005
Ruling
Debtor's motion to waive pre-filing debt counseling requirement was denied since she did not establish exigent circumstances.
Procedural posture
Pursuant to 11 U.S.C. § 109(h)(3), a chapter 13 debtor filed a certification of exigent circumstances and a motion to waive debt counseling prior to filing.
ABI Membership is required to access the full summary of In re Talib Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: