In re Alvarado

Good Law
2013 WL 1809061·496 B.R. 200·2013 U.S. Dist. LEXIS 60968
United States District Court, Northern District of CaliforniaApril 29, 2013No. C 12-06190 PJH; Bankruptcy Nos. 12-32156 DM, 12-32049 DMCalifornia7,213 words

Opinion

Lead Opinion

Hamilton, J.

ORDER AFFIRMING ORDERS OF THE BANKRUPTCY COURT

In these consolidated appeals, Attorney Albert M. Kun (“Kun”) appeals from the orders of the bankruptcy court dismissing the bankruptcy cases and requiring disgorgement of attorney’s fees. The United States Trustee filed an answering brief and Kun filed a reply brief in each appeal. The court determines that the matter is suitable for decision without oral argument. For the reasons set forth below, the orders of the bankruptcy court are AFFIRMED.

BACKGROUND

A. Reyna Alvarado

On July 23, 2012, Kun filed a petition for relief under chapter 7 as counsel for debt- or Reyna Alvarado. Debtor filed a certificate of credit counseling which stated that she completed a course in credit counseling on December 1, 2011, or 235 days prior to filing. In re Reyna Alvarado, C 12-6190 PJH, doc. no. 10-1 at 10 (appellant’s designation of record on appeal). This time between obtaining credit counseling and filing the petition was “slightly over the 180 days provided by law.” Id., doc. no. 15 at 2 (appellant brief). See 11 U.S.C. § 109 (h) (requiring debtor to receive credit counseling “during the 180-day period ending on the date of filing of the…

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