In Re Elmendorf
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MEMORANDUM OPINION ON VARIOUS MOTIONS TO DISMISS CHAPTER 13 CASES FOR CAUSE PURSUANT TO 11 U.S.C. §§ 109(h)(1), 521(a) and (b), and 707(a)
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) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (hereinafter “BAPCPA”). One of the watermark provisions of this much heralded legislation, which took several years to enact, is the credit counseling…
2Cases cited24 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Marbury v. MadisonSupreme Court of the United States · 1803
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- In Re KhanUnited States Bankruptcy Court, D. Minnesota · 1994
- In Re TomcoUnited States Bankruptcy Court, W.D. Pennsylvania · 2006
19 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Adams v. ZarnelCourt of Appeals for the Second Circuit · 2010
- Jensen v. Froio (In Re Jensen)United States Bankruptcy Court, E.D. Pennsylvania · 2007
- In Re HessUnited States Bankruptcy Court, D. Vermont · 2006
- In Re JonesUnited States Bankruptcy Court, S.D. Texas · 2006
- In Re CrawfordUnited States Bankruptcy Court, D. New Mexico · 2009
13 more not listed; retrieve them via the Exa API.