In re Ingram
- Summarized by James Morgan , Howard & Howard
- 13 years 4 weeks ago
- Citation:
- In re Ingram, ___ B.R. ___ (B.A.P. 6th Cir. 2011)
- Tag(s):
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- Ruling:
- The Bankruptcy Appellate Panel of the Sixth Circuit (the "6th Cir. BAP") affirmed a bankruptcy court's dismissal of a chapter 13 bankruptcy case pursuant to 11 U.S.C. § 1307, where the debtor did not complete the mandatory prepetition creditor counseling prior to filing his petition as required by 11 U.S.C § 109(h)(1). Recognizing the division of authority on the issue of whether Section 109(h)(1)'s requirement is jurisdictional or waivable under the discretion of the bankruptcy court, the 6th Cir. BAP held that the requirement is mandatory and cannot be waived, except under the limited circumstances provided in that section.
- Procedural context:
- The bankruptcy court entered an order granting the United States Trustee's motion to dismiss the Chapter 13 debtor's bankruptcy case for failure to complete the mandatory prepetition creditor counseling prior to filing his bankruptcy petition. The debtor appealed the dismissal order to the Bankruptcy Appellate Panel of the Sixth Circuit.
- Facts:
- On November 17, 2010 (the "Petition Date"), the debtor filed a petition for relief under Chapter 13 of the Bankruptcy Code. On November 18, 2010, he filed a "Certificate of Credit Counseling" that showed that the counseling, although begun prior to the filing of the petition, was not completed until that day, one day after the Petition Date. At the bankruptcy court's direction, the United States Trustee investigated the actual date of completion and brought a motion to dismiss pursuant to 11 U.S.C. §§ 1307(c) and 109(h). After a hearing, the bankruptcy court granted the motion and dismissed the bankruptcy case, holding that Section 109(h) was mandatory.
- Judge(s):
- Boswell, Fulton, and McIvor, Bankruptcy Appellate Panel Judges
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