In re Gaikoski
Mar
16
2007
Ruling
Case dismissed where debtor received credit counseling more than 180 days before petition date and did not request waiver or deferral.
Procedural posture
The bankruptcy court reviewed sua sponte whether debtor's chapter 7 petition complied with the credit counseling requirement under 11 U.S.C. § 109(h).
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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.
Clippard v. Bass
Mar
13
2007
Ruling
Extension of time to comply with credit counseling requirement reversed and case dismissed due to lack of exigent circumstances.
Procedural posture
Appellant United States Trustee sought review of an order from the bankruptcy court, which granted appellee chapter 7 debtor's motion to extend time for the credit counseling required under 11 U.S.C. § 109(h)(1) and which denied the trustee's motion to dismiss the debtor's bankruptcy case.
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Court
:
In re Withers
Feb
26
2007
Ruling
Failure to obtain credit counseling did not require immediate dismissal.
Procedural posture
A chapter 7 bankruptcy debtor failed to obtain credit counseling as required under 11 U.S.C. § 109(h) to be eligible as a debtor in bankruptcy and failed to file documents required by 11 U.S.C. § 521(a)(1)(B). The bankruptcy court denied the trustee's motion for an order to show cause why the debtor should not be held in contempt for disobeying a court order, pending consideration of whether dismissal of the case was warranted or required.
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Court
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In re Vollmer
Feb
16
2007
Ruling
Incarcerated debtor was not entitled to permanent waiver of credit counseling requirement but was granted a 45-day extension.
Procedural posture
Chapter 7 debtor filed a pro se voluntary chapter 7 petition and was granted permission to proceed in forma pauperis. He filed a motion for a permanent waiver of the credit counseling requirement of 11 U.S.C. § 109(h)(1) after the court issued a deficiency notice advising him that he needed to file a certificate of credit counseling. The U.S. Trustee objected to the debtor's motion.
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Court
:
- 11 U.S.C.
In re Nichols
Feb
09
2007
Ruling
Bankruptcy court had authority to excuse compliance with credit counseling requirement in appropriate cases.
Procedural posture
Citing 11 U.S.C. § 109(h), 11 U.S.C. § 521(b), 11 U.S.C. § 707(a), the U.S. trustee asked the court to dismiss two chapter 7 petitions filed by unrelated debtors based on a claim that debtors in each case failed to comply with the credit counseling requirement in 11 U.S.C. § 109(h)(1). At issue was whether the court had express or implied power to excuse such noncompliance.
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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
:
Clippard v. Mason (In re Mason)
Feb
05
2007
Ruling
There is no support for striking, rather than dismissing, a petition for failure to obtain credit counselling.
Procedural posture
In two consolidated appeals, appellant United States Trustee sought to review the decisions by the bankruptcy court to strike rather than dismiss appellee debtors'petitions for failure to obtain credit counseling prior to filing for bankruptcy as required by 11 U.S.C. § 109(h).
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Court
:
In re Howard
Jan
25
2007
Ruling
Debtor who was disabled after being placed on life support for fourteen days granted exemption from mandatory credit counseling.
Procedural posture
The chapter 13 debtors filed an uncontroverted motion, pursuant to 11 U.S.C. § 362(c)(3)(B), for continuation of the automatic stay as to all creditors.
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Court
:
In re Giles
Jan
19
2007
Ruling
Case dismissed where debtors obtained credit counseling 182, rather than 180, days before filing.
Procedural posture
A chapter 13 trustee filed a motion to dismiss debtors'case for failure to comply with 11 U.S.C. § 109(h) when the debtors obtained credit counseling 182 before filing the case.
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Court
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