Legal Opinion
In Re Nichols
United States Bankruptcy Court, S.D. New York
Decided February 9, 2007No. 18-37022PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM DECISION DENYING UNITED STATES TRUSTEE’S MOTION TO DISMISS CASE FOR CAUSE PURSUANT TO 11 U.S.C. §§ 707(a), 109(h)(1) and 521(b)
CECELIA G. MORRIS, Bankruptcy Judge.
In the matter In re Elmendorf, 345 B.R. 486 (Bankr.S.D.N.Y.2006) 1 this Court determined, under 11 United States Code (“U.S.C.”) Sections 109, 301 and 362, it had the authority to strike rather than dismiss petitions of would-be debtors who had not undergone the requisite credit counseling prior to filing their bankruptcy petitions as required by 11 U.S.C. Section 109(h)(1). 2
Currently, the United States Trustee has moved…
2Cases cited8 opinions
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Federal Deposit Insurance Corporation v. Colonial Realty Company, Jonathan Googel, and Benjamin SistiCourt of Appeals for the Second Circuit · 1992
- Hedquist v. Fokkena (In Re Hedquist)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006
- In Re RiosUnited States Bankruptcy Court, S.D. New York · 2005
- In Re HessUnited States Bankruptcy Court, D. Vermont · 2006
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3Cited by11 opinions
- Simon v. Amir (In Re Amir)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
- In Re MitranoDistrict Court, E.D. Virginia · 2009
- In Re FiorilloDistrict Court, D. Massachusetts · 2011
- In Re RuckdaschelUnited States Bankruptcy Court, D. Idaho · 2007
- In Re CrawfordUnited States Bankruptcy Court, D. New Mexico · 2009
6 more not listed; retrieve them via the Exa API.