Legal Opinion
In Re Francisco
Bankruptcy Appellate Panel of the Tenth Circuit
Decided July 2, 2008No. BAP No. NM-08-019. Bankruptcy No. 07-12810-s13PublishedCited by 10 opinions
1Opinion of the Court
THURMAN, Bankruptcy Judge.
Charlene Francisco (“Debtor”) appeals the dismissal of her Chapter 18 petition.1 Her appeal presents an issue of first impression to this Court under the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) of 2005, which is whether 11 U.S.C. § 109(h)(1)2 is satisfied when an individual debtor obtains the required credit counseling on the same day, but prior to, the filing of the petition for bankruptcy relief. The bankruptcy court held that § 109(h)(1) requires that credit counseling be completed, at the latest, on the calendar day prior to the day on…
2Cases cited9 opinions
- Office of Thrift Supervision v. Overland Park Financial Corp.Court of Appeals for the Tenth Circuit · 2001
- In Re MillsDistrict Court, District of Columbia · 2006
- In Re GossettUnited States Bankruptcy Court, N.D. Illinois · 2007
- In Re ColeUnited States Bankruptcy Court, E.D. Tennessee · 2006
- In Re WarrenUnited States Bankruptcy Court, E.D. Arkansas · 2006
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Stephens v. Holbrook (In Re Stephens)Bankruptcy Appellate Panel of the Tenth Circuit · 2009
- In Re LoberaUnited States Bankruptcy Court, D. New Mexico · 2011
- In re WalkerUnited States Bankruptcy Court, N.D. Illinois · 2013
- In re ArkuszewskiDistrict Court, N.D. Illinois · 2015
- In re ArkuszewskiUnited States Bankruptcy Court, N.D. Illinois · 2014
5 more not listed; retrieve them via the Exa API.