Wyttenbach v. CIR

Filing

REVISED UNPUBLISHED OPINION FILED. [6111204-2] [08-40321]

Wyttenbach v. CIR

Doc. 0

Case: 08-40321 Document: 00511269981 Page: 1 Date Filed: 10/21/2010

REVISED OCTOBER 21, 2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
United States Court of Appeals Fifth Circuit

N o . 08-40321 S u m m a r y Calendar

FILED
September 10, 2008 Charles R. Fulbruge III Clerk

I n The Matter Of: WILLIAM HAYES WYTTENBACH, D ebtor. -----------------------------WILLIAM HAYES WYTTENBACH, A p p e lla n t, v. C O M M IS S I O N E R OF INTERNAL REVENUE, A p p e lle e .

A p p e a l from the United States District Court for the Southern District of Texas (0 7 -C V -1 8 0 )

Before KING, JOLLY, and OWEN, Circuit Judges. P E R CURIAM:*

W illia m Hayes Wyttenbach appeals an order affirming the bankruptcy c o u r t's "Order Striking Pleadings and Retroactively Annulling Automatic Stay."
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4.
*

Dockets.Justia.com

Case: 08-40321 Document: 00511269981 Page: 2 Date Filed: 10/21/2010

The bankruptcy court held that Wyttenbach was ineligible to be a debtor because h e did not comply with the credit counseling requirements in 11 U.S.C. § 109(h). Wyttenbach appealed to the Southern District of Texas but neither d is p u t e d that he failed to fulfill the credit counseling requirements nor c o n t e n d e d that the bankruptcy court's reliance on 11 U.S.C. § 109(h) was in e r r o r . Instead, Wyttenbach challenged the bankruptcy court's order only on the g r o u n d s that he filed his chapter 7 petition as a "man," not a "trust"--grounds u p o n which the bankruptcy court did not rely. In his current brief, Wyttenbach d o e s not assert that the lower court's reliance on 11 U.S.C. § 109(h) was im p r o p e r ; he again argues only that the lower courts misidentified him as a " t r u s t " rather than a "man." We conclude that the district court did not err in a ffir m in g the bankruptcy court's order. AFFIRMED.