- 11 U.S.C.
Taal v. Sumski (In re Taal)
Jan
30
2014
Ruling
Case dismissed where debtor received credit counseling more than 180 days prior to petition date and then again after the petition date.
Issue(s)
Did credit counseling received either 180 days prior to petition date or after petition date satisfy the requirements of the Bankruptcy Code?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Walker
Dec
09
2013
Ruling
Credit counseling received on petition date after filing of petition satisfied requirements.
Issue(s)
Was credit counseling received by debtor on petition date after petition was filed timely.
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Court
:
- 11 U.S.C.
In re Ingram
Dec
16
2011
Ruling
Case properly dismissed for failure to complete mandatory credit counseling.
Procedural posture
The United States Bankruptcy Court for the Northern District of Ohio dismissed a chapter 13 bankruptcy case without prejudice pursuant to 11 U.S.C.S. § 1307 because of the debtor's failure to complete mandatory prepetition credit counseling prior to filing his petition, as required by 11 U.S.C.S. § 109(h)(1). It denied the debtor's motion seeking reconsideration of that order. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Halfpenny
Oct
21
2010
Ruling
Incarcerated debtor who could not demonstrate exigent circumstances was not entitled to waiver of credit counseling requirement, resulting in dismissal.
Procedural posture
The court dismissed a pro se Chapter 7 debtor's bankruptcy case for his failure to comply with the credit counseling requirement of 11 U.S.C.S. § 109(h)(1). After the debtor appealed, the court wrote an opinion in support of its order of dismissal.
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Court
:
- 11 U.S.C.
In re Pease
Jul
02
2010
Ruling
Debtor could not complete credit counseling course on behalf of debtor spouse via power of attorney.
Procedural posture
Bankruptcy debtors, husband and wife, filed a bankruptcy petition along with certificates of credit counseling stating that the requisite credit counseling course was satisfied by the wife, both for herself and for her husband via a power of attorney. The bankruptcy court sua sponte considered the eligibility of the husband to be a debtor.
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Court
:
- 11 U.S.C.
In re James
Apr
01
2010
Ruling
Counsel sanctioned for falsifying of credit counseling certificate by paralegal.
Procedural posture
After it was discovered that the credit counseling certificate filed by counsel per 11 U.S.C.S. § 109(h)(1) in connection with a chapter 13 filing made on behalf of debtors had been falsified, a married couple, motions were filed by debtors and by the Bankruptcy Administrator (BA). Issues included whether counsel was properly sanctioned by reason thereof and whether debtors were entitled to voluntarily dismiss the case per 11 U.S.C.S. § 1307.
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Court
:
- 11 U.S.C.
In re DeHoog
Sep
17
2008
Ruling
Neither counseling received more than 180 days prior to petition date nor counseling completed later in the afternoon of the petition date satisfied credit counseling requirement.
Procedural posture
A debtor was ordered to show cause why her chapter 13 bankruptcy case should not have been dismissed for failure to comply with credit and budget counseling requirements of 11 U.S.C.S. § 109(h)(1) and (3).
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Court
:
- 11 U.S.C.
In re Hammer
Sep
11
2008
Ruling
Completion by debtors'son via durable power of attorney did not satisfy credit counseling requirement.
Procedural posture
A husband and wife filed a chapter 7 petition, which included certificates of credit counseling stating that the requisite credit counseling course had been satisfied by their son, acting with a durable power of attorney granted by both the husband and wife. The matter was before the court sua sponte.
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Court
:
- 11 U.S.C.
In re Francisco
Jul
02
2008
Ruling
Credit counseling obtained on petition date satisfied "180 days preceeding date of filing" requirement.
Procedural posture
Appellant debtor sought review of a decision of the United States Bankruptcy Court for the District of New Mexico, which dismissed her chapter 13 petition for failure to timely obtain credit counseling under 11 U.S.C.S. § 109(h)(1).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Mitchell
Jun
17
2008
Ruling
Postpetition credit counseling did not satisfy requirement where temporary waiver had been denied.
Procedural posture
A debtor filed a motion for reconsideration of an order, which dismissed his chapter 7 case for failure to comply with the credit counseling requirement articulated in 11 U.S.C.S. § 109(h).
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Court
: