- 11 U.S.C.
In re Jones
Oct
01
2007
Ruling
Waiver of credit counseling requirement denied where debtors failed to file information regarding exigent circumstances.
Procedural posture
One of the debtors asked the court to waive the requirement of pre-petition credit counseling under 11 U.S.C.S. § 109(h)(1). her husband and joint debtor did not file a certificate demonstrating completion of credit counseling or a certification, of any kind, attempting to set forth facts that might havejustified a waiver of that requirement.
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Court
:
- 11 U.S.C.
In re Enloe
Aug
23
2007
Ruling
Sanctions against debtors'counsel, rather than dismissal of case, appropriate where debtors'credit counseling was obtained 189 days prepetition.
Procedural posture
United States Trustee filed a motion to dismiss chapter 7 debtors'case for failure to comply with the credit counseling requirement of 11 U.S.C. § 109(h)(1).
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Court
:
- 11 U.S.C.
In re Falcone
May
31
2007
Ruling
Case dismissed where debtor requested temporary waiver and received credit counseling two weeks after petition date for failure to make sufficient effort to comply prepetition.
Procedural posture
A debtor filed a petition under chapter 13, and a corporation filed a motion to dismiss the petition, claiming that the debtor failed to comply with 11 U.S.C. § 109.
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Court
:
- 11 U.S.C.
In re Ellis
May
17
2007
Ruling
Case dismissed where debtors received credit counseling prior to dismissed chapter 13 case and after chapter 7 petition date but not within 180 days prior to the chapter 7 petition.
Procedural posture
The debtors filed for relief under chapter 7. The United States Trustee sought to dismiss the case, pursuant to 11 U.S.C. §§ 109(h)(1), 521(b) and 707(a) for the debtors'failure to obtain credit counseling within 180 days prior to the petition filing date, and the debtors'failure to file the proper credit counseling certificates.
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Court
:
- 11 U.S.C.
In re Coard
May
16
2007
Ruling
Credit counseling received 198 days prior to filing did not satisfy requirement.
Procedural posture
The debtor filed for bankruptcy relief under chapter 7. The United States Trustee filed a motion, pursuant to 11 U.S.C. §§ 109(h)(1), 521(b) and 707(a) to dismiss the case due to the debtor's failure to obtain credit counseling within 180 days prior to the petition filing date.
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Court
:
- 11 U.S.C.
In re Ruckdaschel
Mar
20
2007
Ruling
Case dismissed as filed 187 days after debtors received credit counseling due to delay in obtaining signature of incarcerated debtor due to prison rules.
Procedural posture
The United States Trustee filed a motion to dismiss debtors'chapter 13 case, alleging that debtors were not eligible for bankruptcy relief because they had not completed credit counseling within the 180 days preceding the filing of their petition as required by 11 U.S.C. § 109(h)(1).
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Court
:
- 11 U.S.C.
Clippard v. Bass
Mar
13
2007
Ruling
Extension of time to comply with credit counseling requirement reversed and case dismissed due to lack of exigent circumstances.
Procedural posture
Appellant United States Trustee sought review of an order from the bankruptcy court, which granted appellee chapter 7 debtor's motion to extend time for the credit counseling required under 11 U.S.C. § 109(h)(1) and which denied the trustee's motion to dismiss the debtor's bankruptcy case.
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Court
:
- 11 U.S.C.
In re Nichols
Feb
09
2007
Ruling
Bankruptcy court had authority to excuse compliance with credit counseling requirement in appropriate cases.
Procedural posture
Citing 11 U.S.C. § 109(h), 11 U.S.C. § 521(b), 11 U.S.C. § 707(a), the U.S. trustee asked the court to dismiss two chapter 7 petitions filed by unrelated debtors based on a claim that debtors in each case failed to comply with the credit counseling requirement in 11 U.S.C. § 109(h)(1). At issue was whether the court had express or implied power to excuse such noncompliance.
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Court
:
- 11 U.S.C.
In re Kernan
Jan
05
2007
Ruling
Debtor given wrong services by credit counseling service satisfied requirement by obtaining proper counseling immediately postpetition.
Procedural posture
The United States trustee ("UST") has moved to dismiss the debtor's chapter 7 case because the debtor did not timely satisfy the prepetition duties required by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). Specifically, the UST argued that the debtor did not properly comply with the credit counseling requirement in 11 U.S.C. § 109(h)(1).
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Court
:
- 11 U.S.C.
In re Swanson
Dec
21
2006
Ruling
Credit briefing received on the morning of petition date prior to filing satisfied the counseling requirement.
Procedural posture
The chapter 13 trustee objected to the debtor's eligibility to be a debtor under 11 U.S.C. § 109(h). The Trustee noted that the certificate of credit counseling filed by the debtor showed that he received a credit briefing at 8:28 a.m. on the day his petition was filed. The issue was whether such a "same day" briefing satisfied the section 109(h) requirement that the credit briefing be received "preceding the date of filing the petition."
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Court
: