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§ 109(h)(3)(A)

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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opinion summary, case decided on September 12, 2006 , LexisNexis #1006-037
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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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opinion summary, case decided on July 17, 2006 , LexisNexis #0806-107
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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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opinion summary, case decided on June 05, 2006 , LexisNexis #0806-039
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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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opinion summary, case decided on May 22, 2006 , LexisNexis #0606-038
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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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opinion summary, case decided on May 16, 2006 , LexisNexis #0606-039
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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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opinion summary, case decided on May 09, 2006 , LexisNexis #0706-107
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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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opinion summary, case decided on March 15, 2006 , LexisNexis #0606-002
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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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opinion summary, case decided on February 06, 2006 , LexisNexis #0206-054
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