§ 109

In re Louredo

Debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code, together with a certificate of exigent circumstances. The court held that the certificate was deficient because it lacked a statement that the debtor had attempted but was unable to obtain the credit counseling required by 11 U.S.C. § 109(h)(1). The debtor subsequently filed a certificate reflecting that she received the required credit counseling.
Ruling: 
Debtor's case was dismissed even though the debtor obtained after filing the required credit counseling since, on filing, the debtor's certificate of exigent circumstances was insufficient.
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In re Allen

The debtor filed a voluntary petition for relief under chapter 13 of the Bankruptcy Code and a certification of exigent circumstances as to why she had not obtained credit counseling, as required by 11 U.S.C. § 109(h). The court held that the certificate was deficient because it lacked a statement that the debtor had attempted but was unable to obtain the required counseling, and it granted the debtor leave to file a supplemental certificate.
Ruling: 
Court dismissed the debtor's case since the debtor's certificate of exigent circumstances regarding the prefiling credit counseling requirement was deficient.
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In re Monteiro

The debtor filed a chapter 7 case pro se. The debtor requested a waiver of the credit counseling requirement under 11 U.S.C. § 109(h).
Ruling: 
Pro se debtor did not sufficiently allege grounds for obtaining an exemption from the prefiling credit counseling requirement, but the court permitted the debtor to supplement the exemption request and and to obtain a credit briefing within 30 days of filing.
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In re Gee

A putative bankruptcy debtor filed a bankruptcy petition and a certification of exigent circumstances in support of a request for waiver of the requirement under 11 U.S.C. § 109 that the debtor obtain debt counseling prior to filing her petition. The certification of exigent circumstances was denied, and the debtor moved to vacate the order rejecting the certification.
Ruling: 
Debtor was ineligible to be a debtor despite exigent circumstances since the debtor failed to request credit counseling services prior to filing.
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In re Booth

Debtors petitioned for bankruptcy relief pursuant to chapter 13 on October 20, 2005. The debtors had not completed the prepetition credit counseling required by 11 U.S.C. § 109(h)(1), and they filed a motion to obtain an exemption from the credit counseling requirement or for an extension of time in which to meet the requirement.
Ruling: 
Debtors were denied motion for exemption from prefiling credit counseling requirement since they had failed to certify that they had requested but were unable to obtain the counseling.
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In re Kenard

Movant deed holder filed a motion to validate a foreclosure sale in a bankruptcy proceeding.
Ruling: 
Debtor's case was dismissed and the court validated a foreclosure sale since the debtor filed two chapter 13 petitions in bad faith by accepting property title and then immediately filing to try to stop foreclosure.
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