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§ 109

In re Toccaline

The issue before the court was whether to dismiss the case due to the debtors' failure to obtain prepetition credit counseling. The debtors filed a certificate of exigent circumstances and an amended certificate of exigent circumstances. The chapter 13 trustee objected to the amended certificate on the grounds that the debtors'request for counseling on the petition date failed to satisfy the requirements of 11 U.S.C. § 109(h)(3)(A)(ii).
Ruling: 
Case was dismissed since debtors were unable to obtain the credit counseling within the required five-day period from their request.
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In re Westover

A debtor filed a motion to dismiss or strike her chapter 7 bankruptcy case based upon her failure to obtain credit counseling before the petition date.
Ruling: 
Court granted debtor's motion to dismiss case since debtor had not complied with prefiling credit counseling requirement.
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In re Piontek

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).
Ruling: 
Case was dismissed since evidence did not show that debtor could not have afforded to pay for prefiling credit counseling.
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In re Adams

The chapter 13 trustee filed a motion to dismiss the debtor's case. The trustee alleged that the debtor was not eligible for relief under chapter 13 because he exceeded the debt limits in 11 U.S.C. § 109(e).
Ruling: 
Disputed IRS debt could not be considered in debt limit calculation for chapter 13 eligibility.
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In re Brown

An unsecured creditor and a trustee filed motions to dismiss a debtor's chapter 13 bankruptcy case on the ground that the debt owed to the creditor exceeded the debt ceiling set forth in 11 U.S.C. § 109(e).
Ruling: 
Claim for treble damages for debtor's fraudulent medical invoices was unsecured and unliquidated and did not cause debtor to exceed chapter 13 debt ceiling.
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In re Petit-Louis

The debtor, who spoke limited English, could not obtain the requisite prefiling credit counseling in Creole, nor could he afford to hire an interpreter. The yrustee moved for reconsideration of the court's order granting the debtor a waiver of the credit counseling required by 11 U.S.C. § 109(h)(1). At the hearing on the matter, after resting, the trustee moved to introduce affidavits into evidence.
Ruling: 
Court upheld waiver of credit counseling since debtor could not find credit counseling in debtor's native language.
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In re Glover

The United States Trustee filed a motion to dismiss a debtor's bankruptcy case for failure to comply with 11 U.S.C. § 109(h)(1).
Ruling: 
Petition filed by debtor who did not obtain credit counseling did not commence a case.
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In re Bass

Debtor filed a motion for an extension of time to obtain credit counseling. The trustee filed an objection. The trustee also filed a motion seeking the dismissal of the debtor's chapter 7 case for failure to comply with the provisions of 11 U.S.C.S. § 109(h)(1) and (h)(3)(B) pursuant to 11 U.S.C. § 707(a).
Ruling: 
Court denied motion to dismiss since debtor had substantially complied with section 109(h) requirements.
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In re Wilson

Debtors filed a voluntary petition in bankruptcy pursuant to chapter 13 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U.S.C. §§ 101 et seq. Debtors, through their attorney, filed a "Request for Waiver of Completion of Instructional Course Concerning Personal Financial Management Based on Exigent Circumstances" (Extension Request). The trustee objected.
Ruling: 
Debtors case was dismissed for failure to comply with credit counseling requirements.
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In re Thompson

In a previous order, the court struck the debtors' petition for failure to comply with 11 U.S.C. § 109(h)(1). The trustee moved for reconsideration of the court's order, arguing for dismissal of the case rather than the striking of the petition.
Ruling: 
Court upheld its ruling that petition was to be struck rather than case being dismissed for failure to meet credit counseling requirement.
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