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In re Hess

In re Hess

Ruling
Exemptions from prepetition credit counseling requirement granted where debtors had attempted to comply in good faith.
Procedural posture

Two debtors each filed a bankruptcy petition subject to the Bankruptcy Abuse Prevention and Consumer Protection Act without the proof of prepetition credit counseling required by 11 U.S.C. § 109(h)(1). The trustee in bankruptcy moved to dismiss the second of the two petitions. The court issued orders to show cause why the petitions should not be dismissed.

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opinion summary, case decided on August 14, 2006 , LexisNexis #0906-001