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§ 109

In re Afolabi

Debtor filed a chapter 13 bankruptcy petition. The issue before the bankruptcy court was whether the debtor had complied with the requirements of 11 U.S.C. § 109(h).
Ruling: 
Debtor's case was dismissed due to failure to satisfy credit counseling requirement.
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In re Tulper

Debtors filed for relief under chapter 13. The court issued a notice of deficiency on that same date because the debtors failed to file a certificate that they had attended a budget and credit counseling course in accordance with 11 U.S.C. § 109(h). Debtors moved for a waiver of that course.
Ruling: 
Debtors were granted waiver of section 109(h) credit counseling requirement due to physical disabilities.
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In re Cobb

Respondent U.S. trustee objected to petitioner debtors'request for a waiver of the requirement in 11 U.S.C. § 109(h)(1) that they obtain credit counseling before filing their chapter 13 bankruptcy petition.
Ruling: 
Case was dismissed since debtors' typed statement of exigent circumstances was not a certification sworn to under oath.
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In re Schwartz

Respondent creditor filed a motion to dismiss petitioner debtor's chapter 13 bankruptcy case on the ground that the debtor was not eligible to be a chapter 13 debtor. The creditor objected to the chapter 13 plan.
Ruling: 
Motion to dismiss was denied since creditor failed to show debtor's noncontingent, liquidated, unsecured debts exceeded the permitted limit.
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In re Racette

On April 5, 2006, the court entered an order dismissing the debtors'prior case effective April 4, 2006. The reason for the dismissal was the debtors'failure to comply with the pre- petition credit counseling requirement under 11 U.S.C. § 109(h)(1). Also on April 4, 2006, the debtors filed the instant case. The debtors filed a motion asking the court strike the prior 2006 petition.
Ruling: 
Court denied debtor's motion to strike petition in their prior case since it was properly dismissed, rather than declared a nullity, for failure to comply with section 109(h)(1).
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In re Carey

Movant debtors filed a request for waiver of the credit counseling certificate at the time of filing their chapter 7 bankruptcy petition due to exigent circumstances. The bankruptcy court held an evidentiary hearing on the request.
Ruling: 
Debtors'request for waiver of a credit counseling certificate was denied and their petition was stricken since they had not requested credit counseling services at least five days before filing.
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In re Latovljevic

The debtor requested an exemption from the Bankruptcy Code's credit counseling requirements due to his incarceration. The trustee objected to the request for an exemption and sought to have the debtor's case dismissed on the basis that the debtor failed to obtain prepetition, non-profit, budget and credit counseling services.
Ruling: 
Court denied debtor's request for exemption from prefiling credit counseling due to incarceration and dismissed case.
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In re Carr

A debtor was ordered to show cause why his chapter 13 bankruptcy case should not have been dismissed for failure to obtain prepetition, non-profit, budget and credit counseling as required by 11 U.S.C. § 109(h).
Ruling: 
Case was dismissed since debtor failed to request prefiling credit counseling.
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In re Star

The trustee objected to a debtor's motion to proceed without meeting the credit counseling requirement of 11 U.S.C. § 109(h). The debtor filed an unopposed motion to conduct his 11 U.S.C. § 341 meeting of creditors telephonically.
Ruling: 
Debtor did not qualify for permanent waiver of credit counseling requirement but was granted extension of time to receive counseling due to incarceration.
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Hedquist v. Fokkena (In re Hedquist)

Appellant, a pro se debtor, challenged a decision of the Bankruptcy Court for the District of Minnesota that held debtor and his wife were ineligible to file their chapter 11 bankruptcy case for failing to comply with the credit counseling requirements of 11 U.S.C. § 109(h), and dismissed their case.
Ruling: 
Court rejected equal protection argument of pro se debtor in dismissing debtor's case for failing to comply with section 109(h) credit counseling requirement.
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