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· 4/21/2006

Hedquist v. Fokkena (In Re Hedquist)

Citations

  • 342 B.R. 295
  • 2006 Bankr. LEXIS 613
  • 2006 WL 1042429

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • affirming 16 dismissal of a bankruptcy case in which the debtors did not obtain pre-petition counseling and 17 stating that “the new requirements in section 109(h
  • bankruptcy courts have no discretion but to dismiss a case when the debtor does not comply with Section 109(h)
  • bankruptcy courts have no discretion but to dismiss a case when the debtor fails to file a certification in compliance with the credit counseling provisions of § 109
  • bankruptcy courts have no discretion but to dismiss a case when the debtor fails to file a certification in compliance with the credit counseling provisions of Section 109
  • “But because those requirements are mandatory, bankruptcy courts have no discretion but to dismiss the case when the debtor failed to file a certification in compliance with its provisions.”
  • “the new requirements in [Sjection 109(h) can, in some circumstances, create harsh results.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Federman, Venters, McDonald

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.