- 11 U.S.C.
In re Swanson
Dec
21
2006
Ruling
Credit briefing received on the morning of petition date prior to filing satisfied the counseling requirement.
Procedural posture
The chapter 13 trustee objected to the debtor's eligibility to be a debtor under 11 U.S.C. § 109(h). The Trustee noted that the certificate of credit counseling filed by the debtor showed that he received a credit briefing at 8:28 a.m. on the day his petition was filed. The issue was whether such a "same day" briefing satisfied the section 109(h) requirement that the credit briefing be received "preceding the date of filing the petition."
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Court
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