In re Dye
Dec
12
2007
Ruling
Failure to comply with credit counseling requirement not grounds for dismissal where debtor was excused by exigent circumstances of imminent home foreclosure.
Procedural posture
Creditors filed motions to dismiss on the grounds that, under 11 U.S.C.S. § 109(h), the debtor was ineligible to be a debtor because he failed to obtain the required prepetition credit briefing certificate. The creditors also asserted that the debtor failed to fully comply with 11 U.S.C.S. § 521. One of the creditors offered to pay the chapter 7 Trustee $ 85,000 to dismiss the case.
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Court
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