Mendez v. Salven (In Re Mendez)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
DUNN, Bankruptcy Judge.
One of the principal areas of concern among members of the bench, the bar and the public under the recently enacted Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) is the requirement that individuals contemplating bankruptcy obtain credit counseling before they file their bankruptcy petitions. More specific is the question of whether failure to do so leaves the court without jurisdiction over the case, or if such failure is a matter of individual eligibility, subject to traditional principles of waiver and estoppel. Our disposition here…
2Cases cited26 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Kontrick v. RyanSupreme Court of the United States · 2004
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Religious Technology Center, Church of Scientology International, Inc. v. Robin ScottCourt of Appeals for the Ninth Circuit · 1989
- In the Matter of Patsy D. Phillips, A/K/A D/B/A Market Fitness, Creekside Plaza, Second Wind, Debtor. Promenade National Bank v. Patsy D. PhillipsCourt of Appeals for the Second Circuit · 1988
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- Nash v. Clark County District Attorney's Office (In Re Nash)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
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