§ 109

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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In re Petit-Louis

A chapter 7 debtor requested that the court waive the pre-bankruptcy counseling requirement pursuant to 11 U.S.C. § 109(h)(3). The assistant U.S. trustee did not support the request. The cause was heard pursuant to the court's notice of hearing on Debtor's Certification of Exigent Circumstances.
Ruling: 
Debtor with limited English skills was granted a waiver of the prefiling credit counseling requirement since none of the counseling agencies could provide counseling in the debtor's language of Creole.
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In re Tomco

A debtor filed a bankruptcy petition to avoid a foreclosure sale of her residence and did not obtain a prepetition briefing from a credit counseling agency as required by 11 U.S.C. § 109(h). The bankruptcy court sua sponte considered whether the debtor's certificate of exigent circumstances was satisfactory to render the debtor eligible for bankruptcy relief.
Ruling: 
Debtor's case was dismissed since the debtor did not attempt to obtain a prepetition credit counseling briefing and a waiver based on exigent circumstances was not warranted.
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Dixon v. LaBarge (In re Dixon)

Appellant bankruptcy debtor filed his bankruptcy petition with a certification that the debtor was unable to obtain debt counseling prior to filing the petition, as required by 11 U.S.C. § 109(h), since a foreclosure sale of his residence was scheduled for the day after the petition was filed. The debtor appealed the order of the Bankruptcy Court for the Eastern District of Missouri which dismissed the debtor's case.
Ruling: 
Dismissal was affirmed since the debtor failed to show exigent circumstances to warrant granting a waiver of the prefiling credit counseling requirement.
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In re Mingueta

Debtor filed a chapter 13 case and requested a waiver of the requirement to obtain pre-bankruptcy budget and credit counseling due to exigent circumstances. The bankruptcy court directed the debtor to show cause why the case should not be dismissed due, in pertinent part, to his failure to file either a certificate of credit counseling or a certificate of exigent circumstances in compliance with 11 U.S.C. § 109(h).
Ruling: 
Debtor's chapter 13 case was dismissed since the debtor neither obtained prepetition credit counseling nor established grounds for a temporary or permanent waiver of the requirement.
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