Wyttenbach v. Commissioner of Internal Revenue (In re Wyttenbach)

Summarized by Peter Ruggero , Ruggero Law Firm PC
15 years 4 months ago

Citation:

(5th Circuit, Dec 31,1969)

Tag(s):

5th Circuit

Ruling:

Fifth Circuit affirmed bankruptcy and district court's ruling that Appellant was inelgible for bankruptcy relief based on bankruptcy court's finding that Appellant did not comply with credit counseling requirement under Bankruptcy Code section 109(h). On appeal, Appellant did not contest that he had not complied with credit counseling requirements.

Procedural context:

Appeal from Order Striking Pleadings and Retroactively Annulling Automatic Stay.

Facts:

Bankruptcy court entered holding that Appellant was ineligible to be a debtor under the Bankruptcy Code because Appellant had not complied with credit counseling requirements under Bankruptcy Code section 109(h). Appellant did not dispute that he had not complied with credit counseling requirements. Rather, Appellant argued that he filed chapter 7 petition as a man and not a "trust." Bankruptcy Court's order did not rely on whether Appellant was a man or trust. District Court affirmed. Fifth Circuit affirmed.

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