- 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
:
- 11 U.S.C.
In re Houston
Apr
11
2008
Ruling
Deferment of credit counseling requirement denied where debtor failed to establish inability to obtain counseling within five days of request.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code and submitted with her petition a certificate of exigent circumstances in support of her request for deferment of the credit counseling requirement.
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Court
:
- 11 U.S.C.
In re Stewart
Mar
27
2008
Ruling
Pro se debtor's fifth case within four years dismissed with one year refiling bar.
Procedural posture
The chapter 13 trustee moved to dismiss a case filed by debtor on the grounds of bad faith and also sought an order barring debtor from filing another bankruptcy for one year. Debtor, who had filed the case pro se, did not appear to contest the motion.
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Court
:
- 11 U.S.C.
In re Lee
Mar
12
2008
Ruling
Debtor incarcerated at work camp was "impaired" and exempted from compliance with credit counseling requirement.
Procedural posture
A debtor in a chapter 13 bankruptcy case filed a motion to be excused from the credit counseling briefing requirements of 11 U.S.C.S. § 109(h)(1).
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Court
:
- 11 U.S.C.
In re Smith
Nov
29
2007
Ruling
Disability for Social Security purposes did not establish grounds for exemption from credit counseling requirement.
Procedural posture
A debtor filed for relief under chapter 7. The debtor requested an exemption from the credit counseling requirement of 11 U.S.C. § 109(h)(1).
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Court
:
- 11 U.S.C.
In re Allen
Nov
07
2007
Ruling
Credit counseling requirement does not apply in involuntary cases.
Procedural posture
Defendant debtor moved to dismiss an involuntary chapter 7 petition that was filed against him under 11 U.S.C. § 303 on the ground that he was not eligible to be a debtor based on his failure to comply with the credit-counseling prerequisite in 11 U.S.C. § 109(h)(1). At issue was whether a debtor against whom such an involuntary petition had been filed must comply with that prerequisite.
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Court
:
- 11 U.S.C.
In re Gurule
Oct
31
2007
Ruling
Conduct of bankruptcy petition preparer questioned in case where debtor did not meet credit counseling requirement prior to filing.
Procedural posture
After debtor filed a chapter 7, the court sua sponte considered whether debtor had satisfied the requirements in 11 U.S.C. § 109(h) that she obtain budget and credit counseling prior to filing given that Schedule D indicated that such counseling had occurred after the date on which the petition had been filed. At issue was the manner in which debtor's bankruptcy petition preparer ("BPP") had completed the documents later filed by debtor.
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Court
:
- 11 U.S.C.
In re Silva
Oct
31
2007
Ruling
Credit counseling received on the petition date and certification executed in advance of counseling required dismissal.
Procedural posture
On its own motion, the court conducted a hearing concerning a chapter 7 debtor's compliance with the requirement for prepetition budget and credit counseling mandated by 11 U.S.C. § 109(h).
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Court
:
- 11 U.S.C.
In re Magnusson
Oct
23
2007
Ruling
Exigent circumstances relief from credit counseling requirement not available to debtor who had 90 days notice of tax lien enforcement but failed to act.
Procedural posture
A trustee objected to the debtors' certificate that exigent circumstances relieved them from obtaining the credit counseling services required by 11 U.S.C.S. § 109(h)(1).
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Court
:
- 11 U.S.C.
In re Lilliefors
Oct
03
2007
Ruling
Debtor who falsely certified compliance with credit counseling requirement could not benefit from actual non-compliance by obtaining voluntary dismissal.
Procedural posture
The debtor had stated under oath that he completed the credit counseling requirement and would file the credit counseling certificate. However, he did not file the certificate. Because there were assets available for distribution to creditors, both the chapter 7 trustee and the United States Trustee filed motions to prevent the case from being dismissed under Interim Bankr. E.D. Va. R. 1007-1(J)(4).
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