Legal Opinion

Vexler v. Baruch (In re Baruch)

District Court, M.D. Florida

Decided September 8, 2016No. Case No. 8:15-cv-1906-T-27Published

1Opinion of the Court

Appeal from the United States Bankruptcy Court for the Middle District of Florida

JAMES D. WHITTEMORE, District Judge

Appellant challenges the Bankruptcy Court’s order denying reconsideration of its order dismissing Shaul Baruch’s bankruptcy petition for failure to comply with the credit counseling requirement of 11 U.S.C. § 109(h). Appellant contends that compliance with the credit counseling requirement is jurisdictional and therefore the petition should have been stricken, rather than dismissed. Upon consideration, the Bankruptcy Court’s Order is AFFIRMED. I conclude that compliance with the…

2Cases cited15 opinions

  1. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  2. Kontrick v. RyanSupreme Court of the United States · 2004
  3. Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
  4. Sebelius v. Auburn Regional Medical CenterSupreme Court of the United States · 2013
  5. Adams v. ZarnelCourt of Appeals for the Second Circuit · 2010

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