Legal Opinion

In Re Giles

United States Bankruptcy Court, D. Utah

Decided January 19, 2007No. 06-23988PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM DECISION GRANTING TRUSTEE’S MOTION TO DISMISS

WILLIAM T. THURMAN, Bankruptcy Judge.

The matter before the Court is the chapter 13 Trustee’s Motion to Dismiss for failure to comply with 11 U.S.C. § 109(h). 1 The Debtors obtained credit counseling 182 days before filing this case. The Trustee moved to dismiss this case because § 109(h) requires debtors to obtain credit counseling not more than 180 days before filing. The Debtors and the Trustee argue that despite the Debtors’ technical noncompliance with § 109(h), the Court should deny the Motion to Dismiss because they complied with…

2Cases cited10 opinions

  1. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  2. In Re TomcoUnited States Bankruptcy Court, W.D. Pennsylvania · 2006
  3. Hedquist v. Fokkena (In Re Hedquist)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006
  4. In Re RiosUnited States Bankruptcy Court, S.D. New York · 2005
  5. In Re WatsonUnited States Bankruptcy Court, E.D. Virginia · 2005

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

3Cited by11 opinions

  1. Simon v. Amir (In Re Amir)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
  2. In Re MitranoDistrict Court, E.D. Virginia · 2009
  3. In Re RuckdaschelUnited States Bankruptcy Court, D. Idaho · 2007
  4. In Re CrawfordUnited States Bankruptcy Court, D. New Mexico · 2009
  5. In Re DyerUnited States Bankruptcy Court, W.D. North Carolina · 2007

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

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