- 11 U.S.C.
In re Shaw
Dec
01
2014
Ruling
Debtor not eligible for waiver of prepetition credit counseling.
Issue(s)
Was debtor whose credit counseling was obtained several hours after the filing of the petition entitled to a waiver of the requirement that counseling be obtained prior to filing a petition?
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Court
:
- 11 U.S.C.
In re England
Jun
10
2013
Ruling
Extension of time to obtain required credit counseling in debtor's fifth case denied.
Procedural posture
A chapter 13 debtor filed a motion for an extension of time to receive credit counseling after she filed her petition pursuant to 11 U.S.C.S. § 109(h)(3)(A).
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Court
:
- 11 U.S.C.
In re Jackson
Dec
11
2012
Ruling
Exemption from prepetition credit counseling requirement granted where debtor made credible good faith effort to complete counseling prior to filing petition.
Procedural posture
A chapter 13 debtor filed a motion for exemption from credit counseling due to exigent circumstances pursuant to 11 U.S.C.S. § 109(h)(3)(A).
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Court
:
- 11 U.S.C.
In re Gordon
Mar
21
2012
Ruling
Incarcerated debtor's case dismissed due to failure to complete credit counseling and inability to attend hearings.
Procedural posture
This case came before the court for a hearing on the motion to dismiss case, and the amended motion to dismiss case, both filed by the trustee, and the expedited motion for debtor to appear for chapter 11 hearings other than in person, filed by debtor.
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Court
:
- 11 U.S.C.
In re Koo
Mar
02
2012
Ruling
Case dismissed where debtor received credit counseling a few hours after filing petition.
Procedural posture
Because the debtors received credit counseling a few hours after they filed a voluntary Chapter 13 petition, the court issued an order directing them to file an amended certificate of credit counseling or an amended Exhibit D, or to show cause why the case ought not be dismissed due to ineligibility under 11 U.S.C.S. § 109(h).
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Court
:
- 11 U.S.C.
In re Mahjor
Jul
14
2008
Ruling
Deferment of credit counseling requirement denied where debtor did not show it had requested counseling but was unable to obtain same within five days.
Procedural posture
A debtor filed a voluntary petition for adjustment of his debts under Chapter 13 of the Bankruptcy Code. Pursuant to 11 U.S.C.S. § 109(h)(3)(A), the debtor requested deferment of the required credit counseling due to exigent circumstances.
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Court
:
- 11 U.S.C.
In re Shea
Jan
07
2008
Ruling
Credit counseling requirement could not be waived despite exigent circumstances absent evidence of efforts, and inability, to obtain,counseling.
Procedural posture
The debtor filed motion for waiver, based on exigent circumstances, of the requirement for prepetition credit counseling.
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Court
:
- 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
: