In Re De La Hoz

How courts have described this case

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

• recognizing majority view that a bankruptcy court should not look beyond a debtor’s schedules to determine eligibility unless it concludes the debtor did not file the schedules in good faith.
• \ Section 109(e) plainly indicates a congressional intent to limit those eligible for the benefits of Chapter 13.\
• “Section 109(e) plainly indicates a congressional intent to limit those eligible for the benefits of Chapter 13.”
• “[W]here a debtor’s schedules reflect debts in excess of the [s]ection 109(e) limits, the Court cannot look beyond the debtor’s schedules at the proofs of claim actually filed to determine the debtor’s [c]hapter 13 eligibility.”
• “[W]here a debtor’s schedules reflect debts in excess of the Section 109(e) limits, the Court cannot look beyond the debtor’s schedules at the proofs of claim actually filed to determine the debtor’s Chapter 13 eligibility.”

Source: CourtListener parenthetical corpus (CC0).