§ 109

In re Burrell

A chapter 13 matter came before the court upon debtor's Motion for Order Allowing Additional Fifteen Days to File Credit Counseling Certification. The trustee opposed the motion.
Ruling: 
Debtor's case was dismissed since debtor did not meet the prefiling credit counseling requirements.
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In re Warren

A bankruptcy debtor obtained credit counseling as required by 11 U.S.C. § 109(h)(1) on the same day, but prior to the time, that the debtor filed his bankruptcy petition, but the debtor was unable to obtain a certificate of credit counseling until several weeks later. The debtor moved to enlarge the time for filing the certificate, and the trustee moved to dismiss the petition.
Ruling: 
Dismissal was not warranted since the debtor completed the required credit counseling on the filing day before filing but needed an extension of time to file the certificate of counseling.
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In re Doyle

Before the court in a chapter 13 matter was the Oregon Secretary of State Elections Division's objection to confirmation of debtors'chapter 13 plan.
Ruling: 
Plan confirmation was denied since the debtors' combined scheduled noncontingent, liquidated, unsecured debts exceeded the amount allowed under chapter 13.
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In re Hawkins

In a chapter 7 case, debtor moved for an extension of time to file a certificate of credit counseling under 11 U.S.C. § 109(h)(1).
Ruling: 
Debtor was denied motion to extend the time to file a certificate of credit counseling since debtor had failed to obtain counseling prefiling.
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In re Know Thy Self Inc.

Before the court in debtor's chapter 11 matter was a creditor's Motion for Relief from Automatic Stay, to Annul Automatic Stay Ab Initio, to Validate Foreclosure Sale, and for in Rem Relief.
Ruling: 
Sole proprietorship was not eligible to be a debtor, and automatic stay was annulled.
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In re Westenberger

The debtor filed an emergency motion to reconsider an earlier order that dismissed the case. The debtor sought relief under chapter 7, and the court had dismissed the petition because the debtor had not obtained budget and credit counseling before filing his petition, as required by 11 U.S.C. § 109(h)(3)(A)(i).
Ruling: 
Debtor was granted reconsideration of dismissal due to deficient certification of exigent circumstances since debtor described sufficiently exigent circumstances in having counseling agency make debtor wait five days until debtor's check cleared.
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In re Thomas

With his petition, the debtor requested a temporary waiver of the prefiling credit counseling requirement required by 11 U.S.C. § 109(h)(1) due to exigent circumstances. The debtor cited to a "foreclosure date" on his home as the exigent circumstance.
Ruling: 
Debtor was denied a waiver of the prefiling credit counseling requirement since the debtor's certificate of exigent circumstances failed to state that the debtor requested the counseling before filing.
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In re Wallace

Before the court in debtor's bankruptcy matter was a motion to dismiss filed by the chapter 13 standing trustee.
Ruling: 
Debtor's case was dismissed since the debtor failed to obtain the required prefiling credit counseling or file a certificate of exigent circumstances.
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In re Calderon

Debtor filed a pro se bankruptcy petition and a statement regarding her failure to obtain the credit counseling required by 11 U.S.C. § 109(h)(1) prior to filing the petition.
Ruling: 
Case was dismissed since debtor did not meet the prefiling credit counseling exception under section 109(h)(3).
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In re Carrasquillo

A debtor filed his bankruptcy petition but did not indicate whether he received prepetition credit counseling as required by 11 U.S.C. § 109(h)(1) or file a certificate of such counseling as required by Interim Bankr. R. 1007(c). The debtor was ordered to file the certificate within five days, and a creditor moved for an extension of the time for the debtor to comply with the order.
Ruling: 
Creditor's motion to extend debtor's time to file a certificate of prefiling credit counseling was denied since additional time was not needed to file such a certificate.
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