- 11 U.S.C.
Gargula v. Thompson (In re Thompson)
Dec
04
2006
Ruling
Bankruptcy court properly struck chapter 13 petition which failed to allege that debtors had reecived timely credit counseling.
Procedural posture
The bankruptcy judge struck appellees', debtors, chapter 13 bankrputcy petition because debtors failed to allege in the petition that they had received credit counseling within 180 days of the filing as required by the Bankruptcy Act, 11 U.S.C. § 109(h)(1). Appellant United States Trustee moved the bankrputcy court to reconsider, but the bankruptcy court denied the motion to reconsider, and the trustee appealed.
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Court
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