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§ 109

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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In re Dansby

The debtor filed a request for a temporary wavier of the requirement of prepetition credit counseling under 11 U.S.C. § 109(h). The U.S. trustee filed a timely objection to the debtor's request.
Ruling: 
Waiver of the prepetition credit counseling requirement was not granted since the evidence showed the debtor could have complied with some due diligence.
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In re Ashley

Before the court in a chapter 7 matter was debtor's request for deferment of the credit counseling requirement under 11 U.S.C. § 109(h).
Ruling: 
Case was dismissed since the debtor did not meet the requirements for obtaining a 30-day extension of time to obtain credit counseling.
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In re Waggoner

The matter was before the court on the trustee's motion to dismiss debtors'case, which stated that debtors were ineligible for bankruptcy relief by reason of 11 U.S.C. § 109(h).
Ruling: 
Debtors'case was dismissed since the debtors did not obtain credit counseling until a day after filing and did not demonstrate circumstances warranting waiver of the prepetition counseling requirement.
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In re Ross

The debtor filed a chapter 13 case without complying with the credit counseling requirement of 11 U.S.C. § 109. The debtor requested that the court permit him to obtain the required briefing after the filing of his petition under the "exigent circumstances" exception in 11 U.S.C. § 109(h)(3).
Ruling: 
Case was dismissed since debtor failed to request credit counseling prior to filing and, thus, could not invoke the exigent circumstances exception.
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In re Anderson

Bankruptcy debtors, husband and wife, filed a joint chapter 7 bankruptcy petition, and the debtors moved under 11 U.S.C. § 109 for exemption from the requirement that they obtain a briefing from an approved nonprofit budget and credit counseling agency before filing bankruptcy.
Ruling: 
Debtors'petition was dismissed since the husband debtor failed to provide a certificate of counseling or exigent circumstances and the wife's certificate of exigent circumstances failed to show an inability to obtain counseling services before circumstances worsened.
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In re DiPinto

Debtor filed a chapter 13 petition without having first obtained credit counseling as required by the Bankruptcy Abuse Prevention and Consumer Protection Act. In lieu of a certificate reflecting completion of credit counseling, debtor's counsel filed a request for a waiver of that requirement, pursuant to 11 U.S.C. § 109(h)(3).
Ruling: 
Waiver of credit counseling requirement was denied, and the case was dismissed since the debtor had failed to demonstrate that the debtor had sought counseling in advance of filing.
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In re Shepard

Bankruptcy debtors, husband and wife, filed a joint chapter 13 bankruptcy petition, but the debtors did not identify as an asset a condominium that was co-owned by the husband and a daughter. A lender which financed the purchase of the condominium filed a proof of a secured mortgage claim, and the trustee moved to dismiss the debtors petition based on debt limits under 11 U.S.C. § 109(e).
Ruling: 
Debtor husband was ineligible for chapter 13 relief because the debtor husband's unsecured claims exceeded the statutory limit.
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In re Slocum Lake Drainage Dist.

The debtor, a county drainage district located in the State of Illinois petitioned for bankruptcy relief pursuant to chapter 9. The movant creditor sought dismissal of the petition pursuant to 11 U.S.C. § 921(c), because it contended that the debtor was not authorized under Illinois law to file a petition under chapter 9, as required by 11 U.S.C. § 109(c)(2).
Ruling: 
Debtor's case was dismissed since the debtor was not authorized under Illinois law to file a petition under chapter 9.
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In re Henderson

Petitioner debtor filed a petition for relief under chapter 13 of the Bankruptcy Code. On that same day, she also filed a Request for Thirty-Day Extension To File Credit Counseling Certificate, which was before the court for a decision.
Ruling: 
Debtor was denied an extension to file a credit counseling certificate but given time to obtain further legal advice since the debtor had not shown sufficient exigent circumstances to warrant the extension.
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