Franco v. U.S. Trustee (In the Matter of Rogelio Franco)

Summarized by James Webster , Law Office of James Portman Webster, PLLC
10 years 3 weeks ago

Citation:

-- F.3d -- (BAP 9th Cir. June 2, 2016) NOT FOR PUBLICATION

Tag(s):

Ruling:

Affirmed Bankruptcy Court's dismissal of bankruptcy for cause due to not following the requirement to obtain a Credit Counseling Certificate by the terms required by statute. Additionally, the Bankruptcy Court did not abuse discretion when it ordered a one year refiling bar as to the Debtor.

Procedural context:

The U.S Trustee filed a Motion to Dismiss under 11 USC 707(a) for failure to obtaining a Credit Counseling certificate. Additionally, the U.S. Trustee request a one year refiling bar be placed against the Debtor. The Bankruptcy Court held that the case should be dismissed for failure to meet 11 USC 109(a) and imposed a one year refiling bar.

Facts:

Debtor filed for and obtained a Chapter 7 discharge in 2011. Prior to the current case, did not obtain a Credit Counseling certificate as required under 11 USC 109(h). Upon filing the Debtor affirmed he obtained a timely Credit Counseling certificate (which was not correct) and failed to seek a deviation from the requirement as provided by statute. In 2015, Debtor filed for Chapter 13 protection and later converted his case to Chapter 7.

Judge(s):

KIRSCHER, TAYLOR and LANDIS, Bankruptcy Judges.

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