§Why CasetextPricing

Wayne Grantham and Lanae Grantham

Memorandum of decision regarding dismissal of the case for failure to obtain credit counseling

21 Cited authorities

  1. In re Cleaver

    333 B.R. 430 (Bankr. S.D. Ohio 2005)   Cited 59 times
    Holding imminent foreclosure was an exigent circumstance because "the common reality is that many debtors file at the last minute just before a foreclosure sale . . . [f]urthermore, it is difficult to conceive of an exigent circumstances related to bankruptcy that would not involve impending creditor action"

  2. In re Hedquist

    342 B.R. 295 (B.A.P. 8th Cir. 2006)   Cited 51 times
    Upholding dismissal of chapter 11 case for debtors' failure to comply with § 109(h)

  3. In re Dixon

    338 B.R. 383 (B.A.P. 8th Cir. 2006)   Cited 48 times
    Concluding dismissal of case is appropriate remedy for noncompliance with requirements of § 109(h)

  4. In re Seaman

    340 B.R. 698 (Bankr. E.D.N.Y. 2006)   Cited 42 times
    Discussing cases holding that in the absence of a properly filed credit counseling certificate, the bankruptcy case may not be, administered

  5. In re Ruckdaschel

    364 B.R. 724 (Bankr. D. Idaho 2007)   Cited 31 times
    Dismissing a bankruptcy case because Debtors received credit counseling 187 days prior to filing their petition and were, therefore, not eligible for bankruptcy relief

  6. In re Elmendorf

    345 B.R. 486 (Bankr. S.D.N.Y. 2006)   Cited 24 times

    Nos. 05-55048, 06-35274, 06-35189. July 18, 2006. Eric J. Small, Esq., Office of the United States Trustee, Albany, NY. MEMORANDUM OPINION ON VARIOUS MOTIONS TO DISMISS CHAPTER 7 and 13 CASES FOR CAUSE PURSUANT TO 11 U.S.C. §§ 109(h)(1), 521(a) and (b), and 707(a)/1307(c) CECELIA G. MORRIS, Bankruptcy Judge. In this opinion, the Court again determines the proper means of disposing of a bankruptcy petition filed by a debtor who has not undergone the requisite credit briefing required by Section 109(h)

  7. Echeverry v. Weiner (In re Echeverry)

    No. 17-12722 (11th Cir. Jan. 23, 2018)   Cited 9 times

    No. 17-12722 01-23-2018 In re: MARTHA E. ECHEVERRY, Debtor. MARTHA E. ECHEVERRY, Plaintiff-Appellant, v. ROBIN R. WEINER, Defendant-Appellee. PER CURIAM [DO NOT PUBLISH] Non-Argument Calendar D.C. Docket Nos. 0:17-cv-60290-WPD; 16-bkc-24201-RBR Appeal from the United States District Court for the Southern District of Florida Before MARCUS, WILSON and JORDAN, Circuit Judges. PER CURIAM: Martha Echeverry, a Chapter 13 debtor proceeding pro se, appeals the district court's order affirming the bankruptcy

  8. In re Jones

    352 B.R. 813 (Bankr. S.D. Tex. 2006)   Cited 19 times
    Observing that "[t]he majority of courts addressing this issue have concluded that when the Debtor is not eligible to file a bankruptcy petition the Court should dismiss the case, not ‘strike the petition.’ "

  9. In re Sosa

    336 B.R. 113 (Bankr. W.D. Tex. 2005)   Cited 15 times
    Concluding that the "statute is clear and unambiguous"

  10. In re Ramey

    558 B.R. 160 (B.A.P. 6th Cir. 2016)   Cited 5 times
    Affirming dismissal of a chapter 13 case in which a debtor took the credit counseling post-petition and stating that the Bankruptcy Code specifically requires "all individual debtors to complete a pre-petition credit briefing."

  11. Section 157 - Procedures

    28 U.S.C. § 157   Cited 51,378 times   78 Legal Analyses
    Determining the validity, extent, or priority of liens

  12. Section 1409 - Venue of proceedings arising under title 11 or arising in or related to cases under title 11

    28 U.S.C. § 1409   Cited 4,947 times   16 Legal Analyses
    Concerning venue in Chapter 11 proceedings

  13. Section 109 - Who may be a debtor

    11 U.S.C. § 109   Cited 4,042 times   34 Legal Analyses
    Allowing municipal bankruptcy only if specifically authorized by state law