- 11 U.S.C.
Oyarzun, In re
Dec
21
2017
Ruling
Debtors' request for waiver of credit counseling was dismissed for failure to demonstrate that they suffer from a physical or mental disability. (Bankr. W.D.N.Y.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling; Incapacity, disability or Active Military Duty.
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Court
:
- 11 U.S.C.
In re Denger
Aug
28
2009
Ruling
Debtor's incarceration was not grounds for waiver of required financial management course.
Procedural posture
The debtor filed a motion seeking a waiver of the requirement at 11 U.S.C.S. § 727(a)(11) to complete a financial management course in order to obtain a discharge. The debtor set forth his current confinement in a correctional facility as the basis for his motion.
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Court
:
- 11 U.S.C.
In re Goodwin
Mar
11
2009
Ruling
Imprisonment was not an impairment that would justify a waiver of the financial managerial course requirement.
Procedural posture
A debtor filed for relief under chapter 7. The debtor filed a motion for waiver of the requirement to complete a financial management course, as required by 11 U.S.C.S. § 727.
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Court
:
- 11 U.S.C.
Bristol v. Ackerman (In re Bristol)
Feb
02
2009
Ruling
Incarceration did not qualify as "incapacity" that would exempt debtor from credit counseling requirement.
Procedural posture
Appellant debtor filed a petition under chapter 7 of the Bankruptcy Code while he was incarcerated, and the United States Bankruptcy Court for the Eastern District of New York dismissed the case because the debtor had not filed proof that he received budget and credit counseling, as required by 11 U.S.C.S. § 109(h)(1). The debtor appealed, and appellee trustee defended the bankruptcy court's order on appeal.
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Court
:
- 11 U.S.C.
In re Larsen
Jan
09
2009
Ruling
Case dismissed where incarcerated debtor did not request prepetition briefing from credit counselor or cite exigent circumstances for exemption.
Procedural posture
A chapter 7 debtor filed a motion for an exemption from the credit counseling requirement under 11 U.S.C.S. § 109(h)(4).
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Court
:
- 11 U.S.C.
In re Robles
Dec
13
2007
Ruling
Deceased debtor excused from financial management course requirement.
Procedural posture
A debtor's counsel filed a motion to excuse the deceased debtor in a chapter 7 bankruptcy case from completing a course in personal financial management under 11 U.S.C. §§ 109(H)(4) and 727(a)(11).
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Court
:
- 11 U.S.C.
In re Gates
Dec
12
2007
Ruling
Debtor too disabled to participate granted waiver of personal financial management course requirement.
Procedural posture
Before the court was pro se debtor's application for an exemption from the course in personal financial management.
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Court
:
- 11 U.S.C.
In re Vollmer
Mar
15
2007
Ruling
Permanent waiver of credit counseling requirement granted to incarcerated debtor upon reconsideration.
Procedural posture
Chapter 7 debtor filed a motion for reconsideration of the court's ruling granting him only a temporary waiver of the credit counseling requirement of 11 U.S.C. § 109(h).
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Court
:
- 11 U.S.C.
In re Trembulak
Feb
06
2007
Ruling
Deceased debtor was exempted from financial management course requirement.
Procedural posture
A debtor's counsel filed a certification in opposition, stating that the debtor had passed away and requesting that the chapter 7 bankruptcy case not be closed without the issuance of a discharge.
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Court
:
- 11 U.S.C.
In re Star
Apr
24
2006
Ruling
Debtor did not qualify for permanent waiver of credit counseling requirement but was granted extension of time to receive counseling due to incarceration.
Procedural posture
The trustee objected to a debtor's motion to proceed without meeting the credit counseling requirement of 11 U.S.C. § 109(h). The debtor filed an unopposed motion to conduct his 11 U.S.C. § 341 meeting of creditors telephonically.
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Court
: