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§ 109(h)(3)(A)(ii)

In re Toccaline

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