§ 109

In re Withers

A chapter 7 bankruptcy debtor failed to obtain credit counseling as required under 11 U.S.C. § 109(h) to be eligible as a debtor in bankruptcy and failed to file documents required by 11 U.S.C. § 521(a)(1)(B). The bankruptcy court denied the trustee's motion for an order to show cause why the debtor should not be held in contempt for disobeying a court order, pending consideration of whether dismissal of the case was warranted or required.
Ruling: 
Failure to obtain credit counseling did not require immediate dismissal.
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In re Vollmer

Chapter 7 debtor filed a pro se voluntary chapter 7 petition and was granted permission to proceed in forma pauperis. He filed a motion for a permanent waiver of the credit counseling requirement of 11 U.S.C. § 109(h)(1) after the court issued a deficiency notice advising him that he needed to file a certificate of credit counseling. The U.S. Trustee objected to the debtor's motion.
Ruling: 
Incarcerated debtor was not entitled to permanent waiver of credit counseling requirement but was granted a 45-day extension.
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In re Tune

A debtor filed a motion to extend the automatic stay in his chapter 13 bankruptcy case. A creditor filed a motion to dismiss, pursuant to 11 U.S.C. § 109(g)(2).
Ruling: 
Debtor who filed sixth case within 180 days of prior case was not an eligible debtor.
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Singer Asset Fin. Co. LLC v. Mullins (In re Mullins)

Creditor alleged that chapter 13 debtor failed to qualify as a chapter 13 debtor because she failed to satisfy the chapter 13 eligibility requirements set forth in 11 U.S.C. § 109(e).
Ruling: 
Unemployed debtor who nonetheless had sufficiently stable and regular income was eligible under chapter 13.
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In re Nichols

Citing 11 U.S.C. § 109(h), 11 U.S.C. § 521(b), and 11 U.S.C. § 707(a), the U.S. trustee asked the court to dismiss two chapter 7 petitions filed by unrelated debtors based on a claim that debtors in each case failed to comply with the credit counseling requirement in 11 U.S.C. § 109(h)(1). At issue was whether the court had express or implied power to excuse such noncompliance.
Ruling: 
Bankruptcy court had authority to excuse compliance with credit counseling requirement in appropriate cases.
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In re Trembulak

A debtor's counsel filed a certification in opposition, stating that the debtor had passed away and requesting that the chapter 7 bankruptcy case not be closed without the issuance of a discharge.
Ruling: 
Deceased debtor was exempted from financial management course requirement.
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Clippard v. Mason (In re Mason)

In two consolidated appeals, appellant United States Trustee sought to review the decisions by the bankruptcy court to strike rather than dismiss appellee debtors'petitions for failure to obtain credit counseling prior to filing for bankruptcy as required by 11 U.S.C. § 109(h).
Ruling: 
There is no support for striking, rather than dismissing, a petition for failure to obtain credit counselling.
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In re Howard

The chapter 13 debtors filed an uncontroverted motion, pursuant to 11 U.S.C. § 362(c)(3)(B), for continuation of the automatic stay as to all creditors.
Ruling: 
Debtor who was disabled after being placed on life support for fourteen days granted exemption from mandatory credit counseling.
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In re Giles

A chapter 13 trustee filed a motion to dismiss debtors'case for failure to comply with 11 U.S.C. § 109(h) when the debtors obtained credit counseling 182 before filing the case.
Ruling: 
Case dismissed where debtors obtained credit counseling 182, rather than 180, days before filing.
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In re Kernan

The United States trustee ("UST") has moved to dismiss the debtor's chapter 7 case because the debtor did not timely satisfy the prepetition duties required by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). Specifically, the UST argued that the debtor did not properly comply with the credit counseling requirement in 11 U.S.C. § 109(h)(1).
Ruling: 
Debtor given wrong services by credit counseling service satisfied requirement by obtaining proper counseling immediately postpetition.
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