Legal Opinion
In re Osborne
United States Bankruptcy Court, S.D. New York
Decided March 14, 2013No. 11-38122 (cgm)PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION DENYING DEBTORS’ MOTION TO VACATE DISCHARGE
CECELIA G. MORRIS, Chief Judge.
The Debtors bring this motion to vacate their discharge and dismiss their chapter 7 case on the grounds that they are ineligible to be debtors under 11 U.S.C. § 109(h) because they failed to comply with the Bankruptcy Code’s credit counseling requirements. In the alternative, Debtors seek reargument of the Court’s Order reopening their case. Because the Debtors waived the protections of § 109(h) and are judicially estopped from arguing their ineligibility at this stage of these proceedings, the Court…
2Cases cited25 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Segal v. RochelleSupreme Court of the United States · 1966
- Adams v. ZarnelCourt of Appeals for the Second Circuit · 2010
20 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re RossUnited States Bankruptcy Court, E.D. New York · 2016
- Deirdre VenturaUnited States Bankruptcy Court, E.D. New York · 2020
- In re MillanUnited States Bankruptcy Court, D. Puerto Rico · 2014
- In re: Juan Adames MillanUnited States Bankruptcy Court, D. Puerto Rico · 2014
- In re: Maxine BonaparteUnited States Bankruptcy Court, S.D. New York · 2026