§ 109

In re Gaddis

The debtor filed for relief under chapter 7. The court issued a show cause order, requiring the debtor to show cause why her case should not be dismissed for failure to comply with the prepetition credit counseling requirements set forth in 11 U.S.C. § 109(h).
Ruling: 
Case dismissed where debtor received credit counseling 186 days prior to petition date.
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UniFund Fin. Corp. v. Hughes (In re Hughes)

Movant, a creditor, sought an order pursuant to 11 U.S.C. § 707(a) dismissing the chapter 7 case filed by debtor and barring debtor from refiling for a period of five years. Debtor neither appeared nor otherwise opposed the motion.
Ruling: 
Case dismissed with 180-day filing bar due to debtor's failure to appear at creditors'meeting or produce documents.
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Glance v. Carroll (In re Glance)

Appellant, a chapter 13 debtor, challenged the decision entered by the District Court for the Eastern District of Michigan that affirmed the bankruptcy court's decision that dismissed the debtor's chapter 13 petition after appellee chapter 13 trustee moved to dismiss the petition, claiming the debtor's secured debts exceeded the $922,975 cap for filing a chapter 13 petition.
Ruling: 
Chapter 13 case properly dismissed where sum of debt secured by two properties exceeded limit.
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In re Vian

A debtor filed a bankruptcy petition and applied for an extension of time to obtain credit counseling services under 11 U.S.C. § 109(h) based on exigent circumstances involving harassment by creditors.
Ruling: 
Debtor not entitled to extension of time to obtain credit counseling due to failure to sign application or specify sufficient grounds.
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In re Falcone

A debtor filed a petition under chapter 13, and a corporation filed a motion to dismiss the petition, claiming that the debtor failed to comply with 11 U.S.C. § 109.
Ruling: 
Case dismissed where debtor requested temporary waiver and received credit counseling two weeks after petition date for failure to make sufficient effort to comply prepetition.
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In re Ellis

The debtors filed for relief under chapter 7. The United States Trustee sought to dismiss the case, pursuant to 11 U.S.C. §§ 109(h)(1), 521(b) and 707(a) for the debtors'failure to obtain credit counseling within 180 days prior to the petition filing date, and the debtors'failure to file the proper credit counseling certificates.
Ruling: 
Case dismissed where debtors received credit counseling prior to dismissed chapter 13 case and after chapter 7 petition date but not within 180 days prior to the chapter 7 petition.
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In re Coard

The debtor filed for bankruptcy relief under chapter 7. The United States Trustee filed a motion, pursuant to 11 U.S.C. §§ 109(h)(1), 521(b) and 707(a) to dismiss the case due to the debtor's failure to obtain credit counseling within 180 days prior to the petition filing date.
Ruling: 
Credit counseling received 198 days prior to filing did not satisfy requirement.
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In re Doll

After debtor's lawyer prematurely filed a bankruptcy petition signed by debtor, which petition was then voluntarily dismissed by debtor on the basis that he had not yet satisfied the requirements in 11 U.S.C. § 109(h), debtor moved the court to waive payment of the filing fee per 28 U.S.C. § 1930(a). At issue was whether the court clerk, who was demanding payment of the filing fee, was entitled to collect the same under the facts.
Ruling: 
Waiver of filing fee granted where debtor voluntarily dismissed case due to failure to obtain required credit counseling.
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In re Rendler

In his chapter 7 bankruptcy case, the debtor sought an exemption from the requirement of receiving credit counseling services, asserting that his circumstances were exigent under 11 U.S.C. § 109(h)(3)(A)(i).
Ruling: 
Incarcerated debtor prevented from obtaining credit counseling by prison officials denied exemption or extension due to failure to file required certificate.
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In re Gossett

The matter came before the court on debtor's motion for sanctions pursuant to 11 U.S.C. § 362(a)(3) and (k)(1) against a creditor, and on the motions of the creditor to annul the automatic stay pursuant to 11 U.S.C. § 362(d) and to dismiss the case under 11 U.S.C. §§ 109(h)(1) and 707(a).
Ruling: 
Credit counseling obtained on petition date did not comply with requirements and resulted in dismissal of case.
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