Legal Opinion

In Re Hannon

United States Bankruptcy Court, S.D. Florida.

Decided August 4, 2011No. 10-45771PublishedCited by 4 opinions

1Opinion of the Court

Memorandum Opinion & Order

JOHN K. OLSON, Bankruptcy Judge.

On June 29, 2011, the Debtors filed a “Motion to Determine that Debtors Who Individually Qualify for Chapter 13 Also Qualify for a Jointly Administered Chapter 13.” See [ECF No. 85]. The matter was heard on July 13, 2011 and the court took the matter under advisement. The issue is whether Joint Chapter 13 Debtors who exceed 11 U.S.C. § 109(e) debt limits may nevertheless proceed in Chapter 13 so long as they would have each been eligible to file individual petitions.

Discussion

Section 109(e) provides that:

Only an individual with regular…

2Cases cited2 opinions

  1. In Re GattoUnited States Bankruptcy Court, M.D. Florida · 2008
  2. In Re WertsUnited States Bankruptcy Court, D. Kansas · 2009

3Cited by4 opinions

  1. In re MillerUnited States Bankruptcy Court, N.D. Illinois · 2013
  2. In re PeteUnited States Bankruptcy Court, N.D. Georgia · 2015
  3. David Mark Spencer and Ylva Sofi RoglerUnited States Bankruptcy Court, N.D. Ohio · 2020
  4. In re: Carleton Jerome Beatty and Sharon Denise BeattyUnited States Bankruptcy Court, W.D. Missouri · 2026

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