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§ 109

In re Mills

A bankruptcy petitioner obtained credit counseling as required by 11 U.S.C. § 109(h) on the same day that her bankruptcy petition was filed. The trustee moved to dismiss the petition based on the petitioner's ineligibility to be a debtor under section 109(h).
Ruling: 
Case was dismissed since debtor obtained credit counseling on same day as filing.
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In re Hawkins

The court previously entered an order to show cause why debtor's case ought not be dismissed for failure to obtain credit counseling prior to the petition date, as required to satisfy the requirements of 11 U.S.C. § 109(h).
Ruling: 
Court deemed that debtor need only make colorable claim of receiving credit counseling to assert jurisdiction and impose automatic stay.
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In re Raymond

Before the court in a chapter 7 matter was pro se debtor's certification of exigent circumstances.
Ruling: 
Pro se debtor's case was dismissed since debtor's certification of exigent circumstances did not certify that debtor requested credit counseling services but was unable to receive them.
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In re Causey

Movant bankruptcy trustee moved to dismiss nonmovant debtor's bankruptcy petition for chapter 11 bankruptcy relief. The debtor requested recusal of the bankruptcy judge.
Ruling: 
Case was dismissed since debtor did not provide credit counseling certification or provide explanation of exigent circumstances.
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In re Seaman

A pro se individual bankruptcy debtor filed his bankruptcy petition, but the debtor neither filed a certificate of credit counseling with his petition pursuant to 11 U.S.C. § 109(h) nor sought a temporary or permanent exemption from the counseling requirement under that section. The trustee moved to dismiss the debtor's petition.
Ruling: 
Court held that dismissal of case rather than striking debtor's petition as void ab initio was the appropriate remedy when debtor failed to meete credit counseling requirement.
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In re Salazar

Bankruptcy debtors filed their bankruptcy petition without obtaining credit counseling as required by 11 U.S.C. § 109(h), and the debtors'mortgagee foreclosed on their residence after the petition was filed. The debtors moved for reconsideration of the bankruptcy court's order, which struck the debtor's petition based on ineligibility under section 109(h).
Ruling: 
Foreclosure did not violate an automatic stay since the debtors did not comply with the prefiling credit counseling requirement and were, thus, ineligible as bankruptcy debtors.
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In re Miotto

The matter was before the court on the motion to dismiss the chapter 13 petition brought by the chapter 13 trustee for debtor's failure to comply with 11 U.S.C. § 109(h)(1). In response, debtor filed a motion to waive the counseling requirement.
Ruling: 
Debtor was denied a motion to waive the prefiling credit counseling requirement since the debtor failed to file a counseling certification and describe the circumstances of any potential exigent circumstances.
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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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