Legal Opinion

In Re Mills

District Court, District of Columbia

Decided April 20, 2006No. 06-00079PublishedCited by 20 opinions

1Opinion of the Court

DECISION REGARDING MOTION TO DISMISS WITH PREJUDICE

S. MARTIN TEEL, JR., Bankruptcy Judge.

The chapter 13 trustee has filed a motion to dismiss the debtor’s case pursuant to 11 U.S.C. § 109(h) due to the debtor’s failure to obtain credit counseling of the kind described in § 109(h) on a date prior to the date on which the debtor filed his petition. 1 The debtor opposes the trustee’s motion and suggests in the alternative that the court strike the debtor’s petition without dismissing his case if the court concludes that the debtor is ineligible for title 11 relief under § 109. For the reasons…

2Cases cited18 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. Duncan v. WalkerSupreme Court of the United States · 2001
  3. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  4. United States v. MenascheSupreme Court of the United States · 1955
  5. In Re TomcoUnited States Bankruptcy Court, W.D. Pennsylvania · 2006

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

3Cited by20 opinions

  1. In Re ElmendorfUnited States Bankruptcy Court, S.D. New York · 2006
  2. In Re GossettUnited States Bankruptcy Court, N.D. Illinois · 2007
  3. In Re FiorilloDistrict Court, D. Massachusetts · 2011
  4. In Re JonesUnited States Bankruptcy Court, S.D. Texas · 2006
  5. In Re ColeUnited States Bankruptcy Court, E.D. Tennessee · 2006

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

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