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Clippard v. Mason (In re Mason)

Clippard v. Mason (In re Mason)

Ruling
There is no support for striking, rather than dismissing, a petition for failure to obtain credit counselling.
Procedural posture

In two consolidated appeals, appellant United States Trustee sought to review the decisions by the bankruptcy court to strike rather than dismiss appellee debtors'petitions for failure to obtain credit counseling prior to filing for bankruptcy as required by 11 U.S.C. § 109(h).

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opinion summary, case decided on February 05, 2007 , LexisNexis #0307-036