§ 109

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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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 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 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 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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