Legal Opinion
In Re Anderson
Bankruptcy Appellate Panel of the Sixth Circuit
Decided December 3, 2008No. 08-8047PublishedCited by 13 opinions
1Opinion of the Court
OPINION
STEVEN RHODES, Bankruptcy Judge.
The question in the present case is whether the bankruptcy court abused its discretion by dismissing Anderson’s bankruptcy case when Anderson failed to comply with the credit counseling requirement of 11 U.S.C. § 109(h).
I.ISSUES ON APPEAL
Anderson raises three issues on appeal. First, Anderson asserts that the bankruptcy court erred in finding that he did not qualify for a waiver of the requirement pursuant to § 109(h)(4). Anderson asserts that his incarceration creates a disability preventing him from obtaining the required credit counseling.
Second,…
2Cases cited19 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- Bankr. L. Rep. P 75,948 in Re Kenneth L. Isaacman, Debtor. J.E. Nicholson, Jr. v. Kenneth L. IsaacmanCourt of Appeals for the Sixth Circuit · 1994
- In Re Dsc, Ltd., a Michigan Corporation, Debtor. Riverview Trenton Railroad Company Crown Enterprises, Inc. v. Dsc, Ltd., a Michigan CorporationCourt of Appeals for the Sixth Circuit · 2007
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In re WeixelBankruptcy Appellate Panel of the Sixth Circuit · 2013
- Haffey v. Crocker (In re Haffey)Bankruptcy Appellate Panel of the Sixth Circuit · 2017
- In Re SolomonUnited States Bankruptcy Court, W.D. Michigan · 2010
- In Re IngramBankruptcy Appellate Panel of the Sixth Circuit · 2011
- In Re DengerUnited States Bankruptcy Court, N.D. Ohio · 2009
8 more not listed; retrieve them via the Exa API.