- 11 U.S.C.
HOLDINGS
May
17
2023
Ruling
The post-petition filing of a bankruptcy case by an affiliate of the debtor did not cause married debtors to lose subchapter V eligibility. (Bankr. W.D. Va.)
Issue(s)
Definitions.
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- 11 U.S.C.
Hall, In re
May
05
2023
Ruling
Debtors were not eligible to proceed under Subchapter V as their aggregate noncontingent liquidated secured and unsecured debts exceeded the debt limit. (Bankr. M.D. Fla.)
Issue(s)
Definitions.
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- 11 U.S.C.
Reis, In re
May
02
2023
Ruling
Debtor was not an eligible Sub V debtor as the gap of more than ten years between incurring student loans and debtor's commercial or business activities was too great. (Bankr. D. Idaho)
Issue(s)
Definitions; Debtor; Persons Included
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- 11 U.S.C.
Heart Heating & Cooling, LLC, In re
Oct
31
2022
Ruling
Debtor was not eligible for Subchapter V as he had aggregate noncontingent liquidatedsecured and unsecured debts exceeding $7,500,000 as of the date of the filing of the petition.(Bankr. D. Colo.)
Issue(s)
Definitions; Debtor; Persons Included.
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Bennion, In re
Jul
29
2022
Ruling
Trustee's objection to subchapter V election was sustained as debtors could not satisfy therequirement that 50% or more of their debts arose from commercial or business activities.(Bankr. D. Idaho)
Issue(s)
Definitions; Debtor.
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Phenomenon Mktg. & Entm't, LLC, In re
Apr
28
2022
Ruling
Debtor was not eligible to proceed under Subchapter V as two affiliates of the debtor wereissuers. (Bankr. C.D. Cal.)
Issue(s)
Definitions; Debtor.
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- 11 U.S.C.
RS Air, LLC, In re--NetJets Aviation, Inc. v. RS Air, LLC
Apr
26
2022
Ruling
Bankruptcy court properly confirmed the debtor's Chapter 11 plan, denied the creditor'sobjection to the debtor's subchapter V election and upheld the eligibility decision. (B.A.P. 9thCir.)
Issue(s)
Definitions; Debtor; Persons Included
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Judge or Jurisdiction information not available
- 11 U.S.C.
Rickerson, In re--National Loan Invs., L.P. v. Rickerson
Dec
14
2021
Ruling
Debtor was not eligible to proceed under subchapter V as she failed to meet her burden ofproof to show that she was engaged in commercial or business activities. (Bankr. W.D. Pa.)
Issue(s)
Definitions; Subchapter V Debtor; Person Engaged in Commercial or Business
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- 11 U.S.C.
Family Friendly Contr. LLC, In re--Lyons v. Fam. Friendly Contr. LLC
Oct
26
2021
Ruling
Chapter 11 debtor was eligible to be a debtor under Subchapter V as the debts arose fromcommercial or business activities of the debtor. (Bankr. D. Md.)
Issue(s)
Definitions; Debtor; Persons Included.
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- 11 U.S.C.
Mongeau, In re
Oct
22
2021
Ruling
Debtors were eligible for Chapter 12 relief as they were engaged in a farming operation at thetime of filing their Chapter 12 petition and there was an intent to continue farming operationsin the future. (Bankr. D. Kan.)
Issue(s)
Definitions.
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