§ 109

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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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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