- 11 U.S.C.
In re Piontek
Jul
05
2006
Ruling
Case was dismissed since evidence did not show that debtor could not have afforded to pay for prefiling credit counseling.
Procedural posture
Debtors were a husband and wife who jointly commenced the instant case by filing a voluntary bankruptcy petition under chapter 13. The issue before the court was whether debtors'alleged inability to pay for credit counseling was a sufficient reason for the court to ignore the mandate found in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U.S.C. § 109(h)(3).
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Court
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