- 11 U.S.C.
In re Racette
May
17
2006
Ruling
Court denied debtor's motion to strike petition in their prior case since it was properly dismissed, rather than declared a nullity, for failure to comply with section 109(h)(1).
Procedural posture
On April 5, 2006, the court entered an order dismissing the debtors'prior case effective April 4, 2006. The reason for the dismissal was the debtors'failure to comply with the pre- petition credit counseling requirement under 11 U.S.C. § 109(h)(1). Also on April 4, 2006, the debtors filed the instant case. The debtors filed a motion asking the court strike the prior 2006 petition.
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Court
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