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18 Apr 2006, 3:50 pm
post, where we mentioned the Hubbard, 333 B.R. 377, Valdez, 335 B.R. 801, and Rios, 336 B.R. 177 cases, all of which have effectively held that a filing by a debtor who has not completed the counseling requirements should be stricken, such that it will not count as a prior case in the event of a subsequent filing (the Valdez case actually "dismisses" rather than "strikes", but nonetheless makes clear that it will not be considered as a "case in… [read post]
18 Apr 2006, 3:50 pm
post, where we mentioned the Hubbard, 333 B.R. 377, Valdez, 335 B.R. 801, and Rios, 336 B.R. 177 cases, all of which have effectively held that a filing by a debtor who has not completed the counseling requirements should be stricken, such that it will not count as a prior case in the event of a subsequent filing (the Valdez case actually "dismisses" rather than "strikes", but nonetheless makes clear that it will not be considered as a "case in… [read post]
23 Feb 2010, 6:20 am
Liescheidt (In re Liescheidt), 404 B.R. 499, 505 (Bankr. [read post]
27 Oct 2008, 9:10 pm
" In re Davis, 989 F.2d 208, 210 (6th Cir.1993). [read post]
5 Jun 2012, 5:41 pm
Quoting In re Congrove, No. 04-8049, 2005 WL 2089856, at*3, 330 B.R. 880 (B.A.P. 6th Cir. 2005). [read post]
29 Jan 2011, 4:19 pm
Parker (In re Parker), 139 F.3d 668 (9th Cir. 1998). [read post]
21 Jan 2010, 8:27 am
., on February 23, 2. [read post]
21 Oct 2023, 5:55 am
” In re Brown, 168 B.R. 331, 335 (Bankr. [read post]
24 Dec 2011, 5:48 am
In re Guseck, 310 B.R. 400, 402 (Bankr. [read post]
19 Mar 2012, 6:31 am
The authority for this lien stripping is In re Zimmer, 313 F.3d 1220 (9th Cir. 2002), though the vehicle used is usually called a Lam motion after In re Lam, 211 B.R. 36 (B.A.P. 9th Cir. 1997). [read post]
23 Feb 2016, 6:00 am
The BAP rejected this argument relying on a prior BAP opinion, In re Nunez, 232 B.R. 778 (9th Cir. [read post]
10 Aug 2023, 2:23 pm
’” (citing In re TXCO Res., Inc., 475 B.R. 781 (Bankr. [read post]
13 Apr 2023, 7:11 am
Martin, No. 21-cv-02468-NRN, 2021 WL 6136179, *2-*3 (D. [read post]
18 Dec 2018, 3:22 pm
" In re Dunbar, 235 B.R. 465, 471 (9th Cir. [read post]
2 Nov 2007, 6:10 pm
" Because there was no New York case on point to determine whether the communications at issue were made in confidence or not, the court took guidance from In re Asia Global Crossing, Ltd., 322 B.R. 247 (S.D.N.Y. 2005), a federal bankruptcy case the court found “virtually identical to this case,” and a case upon which both parties relied. [read post]
10 Apr 2006, 2:01 pm
Jay Cristol, In re Petit-Louis, 338 B.R. 132 (Bankr.S.D.Fla. 3/1/06), however, holds that the requirement cannot be imposed on a debtor who has very limited English-speaking ability, where no approved counseling agency had counselors who spoke the debtor's language.In Petit-Louis, Judge Cristol waived the pre-petition credit counseling requirement because, notwithstanding considerable effort, the Creole-speaking Mr. [read post]
21 Feb 2023, 10:20 am
FOOTNOTES [1] See In re Wofford, 608 B.R. 494, 496-97 (Bankr. [read post]
6 Feb 2011, 1:46 pm
[1] Often mis-attributed to German Chancellor Otto von Bismarck. [2] In re Stewart, 360 B.R. 132 (Bankr. [read post]
10 Apr 2006, 2:01 pm
Jay Cristol, In re Petit-Louis, 338 B.R. 132 (Bankr.S.D.Fla. 3/1/06), however, holds that the requirement cannot be imposed on a debtor who has very limited English-speaking ability, where no approved counseling agency had counselors who spoke the debtor's language.In Petit-Louis, Judge Cristol waived the pre-petition credit counseling requirement because, notwithstanding considerable effort, the Creole-speaking Mr. [read post]
23 Jan 2023, 2:14 am
” In re Callahan, 442 B.R. 1, 7 (D. [read post]
