Legal Opinion

In Re Spears

United States Bankruptcy Court, E.D. Wisconsin

Decided June 19, 2006No. 19-21612PublishedCited by 6 opinions

1Opinion of the Court

ORDER DENYING TRUSTEE’S MOTION TO DISMISS UNCONFIRMED PLAN

PAMELA PEPPER, Bankruptcy Judge.

On April 26, 2006, the trustee filed a motion to dismiss this unconfirmed Chapter 13 case. The motion cited two grounds — failure to begin making plan payments within 30 days of filing the petition, and failure to obtain the pre-filing credit counseling briefing required by 11 U.S.C. § 109(h) within the 180-day period prior to the date of the filing of the petition. The parties settled the first ground for objection-the debtor’s failure to begin payments within 30 days of filing the petition — at the…

2Cases cited12 opinions

  1. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  2. Dixon v. LaBarge (In Re Dixon)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006
  3. In Re Irvine's EstateMontana Supreme Court · 1943
  4. Waggener v. McCanlessTennessee Supreme Court · 1946
  5. Kleinschmidt v. HoctorSupreme Court of Missouri · 1950

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3Cited by6 opinions

  1. In Re GossettUnited States Bankruptcy Court, N.D. Illinois · 2007
  2. In Re FranciscoBankruptcy Appellate Panel of the Tenth Circuit · 2008
  3. In Re MooreUnited States Bankruptcy Court, E.D. Tennessee · 2006
  4. In Re FranciscoUnited States Bankruptcy Court, D. New Mexico · 2008
  5. In Re DufvaUnited States Bankruptcy Court, W.D. Missouri · 2008

1 more not listed; retrieve them via the Exa API.

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