In re: Kidd Ramey
- Summarized by Laura Bartell , Wayne State University Law School
- 9 years 5 months ago
- Citation:
- No. 16-8015 (6th Cir. BAP Sept. 30, 2016)
- Tag(s):
-
- Ruling:
- Affirming dismissal of debtor's chapter 7 bankruptcy case for failure to fulfill prepetition credit counseling requirement of Section 109(h) and denial of motion to vacate dismissal order.
- Procedural context:
- Appeal from decision of Bankruptcy Court for the Eastern District of Kentucky denying motion to waive prepetition credit counseling requirements and vacate order of dismissal.
- Facts:
- Debtor filed a chapter 7 bankruptcy case along with motion for waiver of prepetition credit counseling requirement under Section 109(h). Debtor failed to file schedules and certain other required documents. The case was dismissed for failure to file schedules and other documents. Debtor then filed a credit counseling certificate and the missing schedules and sought to vacate the dismissal order. The bankruptcy court denied the motion, mentioning the failure to satisfy the requirements of Section 109(h). Debtor filed another motion asking the court to waive the credit counseling requirement and to vacate the dismissal order, The court denied the motion, stating that debtor failed to meet the requirements for permanent waiver of the credit counseling requirements under Section 109(h)(4) or temporary waiver under Section 109(h)(3).
- Judge(s):
- Harrison, Humphrey and Preston
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