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§ 109(h)(3)

In re Henderson

Ruling
Debtor was denied an extension to file a credit counseling certificate but given time to obtain further legal advice since the debtor had not shown sufficient exigent circumstances to warrant the extension.
Procedural posture

Petitioner debtor filed a petition for relief under chapter 13 of the Bankruptcy Code. On that same day, she also filed a Request for Thirty-Day Extension To File Credit Counseling Certificate, which was before the court for a decision.

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opinion summary, case decided on January 17, 2006 , LexisNexis #0406-037

In re Davenport

Ruling
Debtor was not excused from prepetition credit counseling requirement despite exigent circumstances because the debtor failed to make a prefiling request for counseling.
Procedural posture

The debtor filed a motion to be excused from complying with the prepetition credit counseling requirement of 11 U.S.C. § 109(h), alleging only that certain "exigent circumstances" — the imminent repossession of the debtor's truck — made prepetition credit counseling "meaningless." Two days after filing the petition, the debtor did receive the approved credit counseling.

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opinion summary, case decided on December 06, 2005 , LexisNexis #0106-037

In re Talib

Ruling
Debtor's motion to waive pre-filing debt counseling requirement was denied since she did not establish exigent circumstances.
Procedural posture

Pursuant to 11 U.S.C. § 109(h)(3), a chapter 13 debtor filed a certification of exigent circumstances and a motion to waive debt counseling prior to filing.

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opinion summary, case decided on December 01, 2005 , LexisNexis #0106-001