§ 109

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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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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