Legal Opinion
In Re Dyer
United States Bankruptcy Court, W.D. North Carolina
Decided June 27, 2007No. 14-30448PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
J. CRAIG WHITLEY, Bankruptcy Judge.
A HEARING was held April 26, 2007 on the Debtors’ Motion for Reconsideration of the Order Dismissing Case. Creditor Colonial Bank, N.A. (“Colonial”) has joined the Debtors’ motion. The Bankruptcy Administrator opposes reinstatement.
Holding: Section 109(h) requires an individual contemplating bankruptcy to obtain a credit briefing within a 180-day period before he or she files. Since the present debtors’ briefing occurred outside the 180-day window, they are ineligible for Chapter 7 relief. Accordingly, the reconsideration motion is…
2Cases cited16 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- United States v. NolandSupreme Court of the United States · 1996
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re CrawfordUnited States Bankruptcy Court, D. New Mexico · 2009
- In re StinnieUnited States Bankruptcy Court, W.D. Virginia · 2016
- Claude St GillesUnited States Bankruptcy Court, W.D. North Carolina · 2019
- Fifer v. Not DesignatedDistrict Court, W.D. Virginia · 2025
- In re: Rogelio FrancoUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
2 more not listed; retrieve them via the Exa API.