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§ 109(h)(1)

In re Warren

Ruling
Dismissal was not warranted since the debtor completed the required credit counseling on the filing day before filing but needed an extension of time to file the certificate of counseling.
Procedural posture

A bankruptcy debtor obtained credit counseling as required by 11 U.S.C. § 109(h)(1) on the same day, but prior to the time, that the debtor filed his bankruptcy petition, but the debtor was unable to obtain a certificate of credit counseling until several weeks later. The debtor moved to enlarge the time for filing the certificate, and the trustee moved to dismiss the petition.

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opinion summary, case decided on March 21, 2006 , LexisNexis #0406-001

In re Hawkins

Ruling
Debtor was denied motion to extend the time to file a certificate of credit counseling since debtor had failed to obtain counseling prefiling.
Procedural posture

In a chapter 7 case, debtor moved for an extension of time to file a certificate of credit counseling under 11 U.S.C. § 109(h)(1).

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opinion summary, case decided on March 20, 2006 , LexisNexis #0606-001

In re Wallace

Ruling
Debtor's case was dismissed since the debtor failed to obtain the required prefiling credit counseling or file a certificate of exigent circumstances.
Procedural posture

Before the court in debtor's bankruptcy matter was a motion to dismiss filed by the chapter 13 standing trustee.

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opinion summary, case decided on March 10, 2006 , LexisNexis #0406-036

In re Carrasquillo

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.
Procedural posture

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.

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opinion summary, case decided on March 07, 2006 , LexisNexis #0506-106

In re Louredo

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.
Procedural posture

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.

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opinion summary, case decided on November 16, 2005 , LexisNexis #0306-108

In re Booth

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.
Procedural posture

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), 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.

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opinion summary, case decided on October 25, 2005 , LexisNexis #0206-088