In re: TOMMY DEWAYNE DOBSON, ANNE CHRISTINE DOBSON, Debtors., 2023 Bankr. LEXIS 1311

Summary

HOLDINGS: [1]-Where married debtors filed a joint chapter 11 petition and elected to proceed under subchapter V of chapter 11, the debtors established eligibility under 11 U.S.C.S. § 1182 because the language of § 1182 did not direct the court to determine petition eligibility based on postpetition events. The postpetition filing of a bankruptcy case by an affiliate of the debtor did not cause debtor to lose subchapter V eligibility; [2]-Fed. R. Bankr. P. 1020 did not require a different result because the deadline in that rule would not help avoid a roaming eligibility trap as the rule itself has a wavering limit.