- 11 U.S.C.
In re Nichols
Feb
09
2007
Ruling
Bankruptcy court had authority to excuse compliance with credit counseling requirement in appropriate cases.
Procedural posture
Citing 11 U.S.C. § 109(h), 11 U.S.C. § 521(b), 11 U.S.C. § 707(a), the U.S. trustee asked the court to dismiss two chapter 7 petitions filed by unrelated debtors based on a claim that debtors in each case failed to comply with the credit counseling requirement in 11 U.S.C. § 109(h)(1). At issue was whether the court had express or implied power to excuse such noncompliance.
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Court
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