- 11 U.S.C.
In re Latovljevic
May
09
2006
Ruling
Court denied debtor's request for exemption from prefiling credit counseling due to incarceration and dismissed case.
Procedural posture
The debtor requested an exemption from the Bankruptcy Code's credit counseling requirements due to his incarceration. The trustee objected to the request for an exemption and sought to have the debtor's case dismissed on the basis that the debtor failed to obtain prepetition, non-profit, budget and credit counseling services.
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Court
:
- 11 U.S.C.
In re Raymond
Apr
12
2006
Ruling
Pro se debtor's case was dismissed since debtor's certification of exigent circumstances did not certify that debtor requested credit counseling services but was unable to receive them.
Procedural posture
Before the court in a chapter 7 matter was pro se debtor's certification of exigent circumstances.
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Court
:
- 11 U.S.C.
In re Burrell
Mar
23
2006
Ruling
Debtor's case was dismissed since debtor did not meet the prefiling credit counseling requirements.
Procedural posture
A chapter 13 matter came before the court upon debtor's Motion for Order Allowing Additional Fifteen Days to File Credit Counseling Certification. The trustee opposed the motion.
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Court
:
- 11 U.S.C.
In re Westenberger
Mar
15
2006
Ruling
Debtor was granted reconsideration of dismissal due to deficient certification of exigent circumstances since debtor described sufficiently exigent circumstances in having counseling agency make debtor wait five days until debtor's check cleared.
Procedural posture
The debtor filed an emergency motion to reconsider an earlier order that dismissed the case. The debtor sought relief under chapter 7, and the court had dismissed the petition because the debtor had not obtained budget and credit counseling before filing his petition, as required by 11 U.S.C. § 109(h)(3)(A)(i).
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Court
:
- 11 U.S.C.
In re Calderon
Mar
08
2006
Ruling
Case was dismissed since debtor did not meet the prefiling credit counseling exception under section 109(h)(3).
Procedural posture
Debtor filed a pro se bankruptcy petition and a statement regarding her failure to obtain the credit counseling required by 11 U.S.C. § 109(h)(1) prior to filing the petition.
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Court
:
- 11 U.S.C.
In re Petit-Louis
Mar
01
2006
Ruling
Debtor with limited English skills was granted a waiver of the prefiling credit counseling requirement since none of the counseling agencies could provide counseling in the debtor's language of Creole.
Procedural posture
A chapter 7 debtor requested that the court waive the pre-bankruptcy counseling requirement pursuant to 11 U.S.C. § 109(h)(3). The assistant U.S. trustee did not support the request. The cause was heard pursuant to the court's notice of hearing on Debtor's Certification of Exigent Circumstances.
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Court
:
- 11 U.S.C.
In re Ashley
Feb
08
2006
Ruling
Case was dismissed since the debtor did not meet the requirements for obtaining a 30-day extension of time to obtain credit counseling.
Procedural posture
Before the court in a chapter 7 matter was debtor's request for deferment of the credit counseling requirement under 11 U.S.C. § 109(h).
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Court
:
- 11 U.S.C.
In re Ross
Feb
07
2006
Ruling
Case was dismissed since debtor failed to request credit counseling prior to filing and, thus, could not invoke the exigent circumstances exception.
Procedural posture
The debtor filed a chapter 13 case without complying with the credit counseling requirement of 11 U.S.C. § 109. The debtor requested that the court permit him to obtain the required briefing after the filing of his petition under the "exigent circumstances" exception in 11 U.S.C. § 109(h)(3).
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Court
:
- 11 U.S.C.
In re Anderson
Feb
06
2006
Ruling
Debtors'petition was dismissed since the husband debtor failed to provide a certificate of counseling or exigent circumstances and the wife's certificate of exigent circumstances failed to show an inability to obtain counseling services before circumstances worsened.
Procedural posture
Bankruptcy debtors, husband and wife, filed a joint chapter 7 bankruptcy petition, and the debtors moved under 11 U.S.C. § 109 for exemption from the requirement that they obtain a briefing from an approved nonprofit budget and credit counseling agency before filing bankruptcy.
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Court
:
- 11 U.S.C.
In re DiPinto
Jan
30
2006
Ruling
Waiver of credit counseling requirement was denied, and the case was dismissed since the debtor had failed to demonstrate that the debtor had sought counseling in advance of filing.
Procedural posture
Debtor filed a chapter 13 petition without having first obtained credit counseling as required by the Bankruptcy Abuse Prevention and Consumer Protection Act. In lieu of a certificate reflecting completion of credit counseling, debtor's counsel filed a request for a waiver of that requirement, pursuant to 11 U.S.C. § 109(h)(3).
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Court
: