- 11 U.S.C.
In re Hailemichael
Oct
12
2007
Ruling
Deferment of credit counseling requirement where debtor did not claim exigent circumstances for filing or inability to obtain counseling within five days of petition date.
Procedural posture
A debtor filed for relief under chapter 7. The debtor filed a request for deferment of the credit counseling requirement set forth in 11 U.S.C. § 109(h).
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Court
:
- 11 U.S.C.
In re Rendler
May
01
2007
Ruling
Incarcerated debtor prevented from obtaining credit counseling by prison officials denied exemption or extension due to failure to file required certificate.
Procedural posture
In his chapter 7 bankruptcy case, the debtor sought an exemption from the requirement of receiving credit counseling services, asserting that his circumstances were exigent under 11 U.S.C. § 109(h)(3)(A)(i).
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Court
:
- 11 U.S.C.
In re Giambrone
Mar
29
2007
Ruling
Debtors who were unable to obtain credit counseling prior to scheduled foreclosure sale were granted five day extention to fulfill requirement.
Procedural posture
The chapter 13 debtors filed a motion for a 30-day extension of time to complete the credit counseling requirement of 11 U.S.C. § 109(h)(1).
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Court
:
- 11 U.S.C.
In re Henderson
Mar
28
2007
Ruling
Exigent circumstance of imminent foreclosure on family homestead and debtor's dilligent attempts to obtain credit counseling justified extension of time to fulfill requirement.
Procedural posture
Chapter 7 debtors filed a motion for an extension of time to complete the pre-bankruptcy credit counseling required by 11 U.S.C. § 109(h).
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Court
:
- 11 U.S.C.
In re Postlethwait
Sep
12
2006
Ruling
Pending creditor sale of automobile and inability to obtain credit counseling minutes before filing were not exigent circumstances that would qualify debtor for waiver of counselling requirement.
Procedural posture
Movant debtor sought approval of an amended certification of exigent circumstances under 11 U.S.C. § 109(h)(3)(A). Respondent chapter 13 trustee objected to approval of the certification and sought dismissal of the case due to the debtor's lack of eligibility for failure to comply with 11 U.S.C. § 109(h).
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Court
:
- 11 U.S.C.
In re Toccaline
Jul
17
2006
Ruling
Case was dismissed since debtors were unable to obtain the credit counseling within the required five-day period from their request.
Procedural posture
The issue before the court was whether to dismiss the case due to the debtors' failure to obtain prepetition credit counseling. The debtors filed a certificate of exigent circumstances and an amended certificate of exigent circumstances. The chapter 13 trustee objected to the amended certificate on the grounds that the debtors'request for counseling on the petition date failed to satisfy the requirements of 11 U.S.C. § 109(h)(3)(A)(ii).
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Court
:
- 11 U.S.C.
In re Piontek
Jul
05
2006
Ruling
Case was dismissed since evidence did not show that debtor could not have afforded to pay for prefiling credit counseling.
Procedural posture
Debtors were a husband and wife who jointly commenced the instant case by filing a voluntary bankruptcy petition under chapter 13. The issue before the court was whether debtors'alleged inability to pay for credit counseling was a sufficient reason for the court to ignore the mandate found in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U.S.C. § 109(h)(3).
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:
- 11 U.S.C.
In re Wilson
Jun
05
2006
Ruling
Debtors case was dismissed for failure to comply with credit counseling requirements.
Procedural posture
Debtors filed a voluntary petition in bankruptcy pursuant to chapter 13 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U.S.C. §§ 101 et seq. Debtors, through their attorney, filed a "Request for Waiver of Completion of Instructional Course Concerning Personal Financial Management Based on Exigent Circumstances" (Extension Request). The trustee objected.
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Court
:
- 11 U.S.C.
In re Cobb
May
22
2006
Ruling
Case was dismissed since debtors' typed statement of exigent circumstances was not a certification sworn to under oath.
Procedural posture
Respondent U.S. trustee objected to petitioner debtors'request for a waiver of the requirement in 11 U.S.C. § 109(h)(1) that they obtain credit counseling before filing their chapter 13 bankruptcy petition.
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Court
:
- 11 U.S.C.
In re Carey
May
16
2006
Ruling
Debtors'request for waiver of a credit counseling certificate was denied and their petition was stricken since they had not requested credit counseling services at least five days before filing.
Procedural posture
Movant debtors filed a request for waiver of the credit counseling certificate at the time of filing their chapter 7 bankruptcy petition due to exigent circumstances. The bankruptcy court held an evidentiary hearing on the request.
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Court
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