From the Editor – Eligibility

By The Honorable William Houston Brown (Retired)

Debt limits are not jurisdictional and are subject to waiver. In a case filed in 2010, then dismissed for failure to file a plan but reinstated, the bankruptcy court heard evidence in 2012 on a creditor’s motion to dismiss for lack of eligibility. By the time the creditor filed its motion to dismiss, asserting that the debtors exceeded the unsecured limit, the debtors had maintained plan payments for two years, and the creditor had not moved to dismiss when it filed its plan objection. Finding that a majority . . .

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