- 11 U.S.C.
Bogedain v. Eisen
Aug
24
2006
Ruling
"Family farmer" filing under chapter 12 was an individual and subject to credit counseling requirements.
Procedural posture
Appellant debtor filed a petition for chapter 12 bankruptcy relief. The debtor moved for an order waiving, based on exigent circumstances, the prefiling credit counseling required by 11 U.S.C. § 109(h)(1). Initially and on reconsideration, bankruptcy court denied the debtor's motion. The debtor appealed.
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Court
:
- 11 U.S.C.
In re Reyes
Aug
18
2006
Ruling
Chapter 13 case dismissed due to debtor's failure to obtain credit counseling or to establish exigent circumstances to justify a waiver.
Procedural posture
A debtor was required to appear and show cause why her chapter 13 bankruptcy case should not have been dismissed for failure to obtain the consumer credit counseling briefing required by 11 U.S.C. § 109(h)(1).
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Court
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In re Kimsel
Aug
16
2006
Ruling
Foreclosure sale on filing date did not create exigent circumstances sufficient to justify waiver of credit counseling requirement.
Procedural posture
A debtor requested a waiver, based on exigent circumstances, of the requirement in 11 U.S.C. § 109(h) that he obtain credit counseling prior to the filing of his chapter 13 bankruptcy petition. The debtor requested an additional 30 days in which to obtain the counseling.
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Court
:
- 11 U.S.C.
In re Hess
Aug
14
2006
Ruling
Exemptions from prepetition credit counseling requirement granted where debtors had attempted to comply in good faith.
Procedural posture
Two debtors each filed a bankruptcy petition subject to the Bankruptcy Abuse Prevention and Consumer Protection Act without the proof of prepetition credit counseling required by 11 U.S.C. § 109(h)(1). The trustee in bankruptcy moved to dismiss the second of the two petitions. The court issued orders to show cause why the petitions should not be dismissed.
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Court
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In re Cole
Jul
31
2006
Ruling
Case dismissed where debtor obtained credit counseling on filing date and not within 180 days before filing.
Procedural posture
Chapter 13 trustee filed a motion to dismiss debtor's bankruptcy case for failure to timely obtain the credit counseling briefing required by 11 U.S.C. § 109(h).
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Court
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In re Bricksin
Jul
26
2006
Ruling
Motion to dismiss case was denied since debtors' participation in debt repayment plan constitued ongoing credit counseling sufficient to satisfy 180-day prior to filing credit counseling requirement.
Procedural posture
After the debtors filed for bankruptcy protection under chapter 7, the U.S. trustee moved to dismiss their case pursuant to 11 U.S.C. §§ 707(a), 109(h) and 521(b) and Fed. R. Bankr. P., Interim R. 1007(b)(3). The trustee asserted that the debtors failed to file certificates from an approved credit counseling agency evidencing their receipt of credit counseling within the 180-day period preceding the date of filing the petition
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Court
:
In re Elmendorf
Jul
18
2006
Ruling
Three cases dismissed for failure to comply with credit counseling requirement but dismissal "with prejudice" applied only if warranted by facts.
Procedural posture
Three separate bankruptcy cases of three debtors were before the court on three separate Motions to Dismiss for Cause filed by the U.S. Trustee.
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Court
:
- 11 U.S.C.
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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Court
:
In re Westover
Jul
11
2006
Ruling
Court granted debtor's motion to dismiss case since debtor had not complied with prefiling credit counseling requirement.
Procedural posture
A debtor filed a motion to dismiss or strike her chapter 7 bankruptcy case based upon her failure to obtain credit counseling before the petition date.
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Court
:
- 11 U.S.C.
In re Piontek
Jul
05
2006
Ruling
Case was dismissed since evidence did not show that debtor could not have afforded to pay for prefiling credit counseling.
Procedural posture
Debtors were a husband and wife who jointly commenced the instant case by filing a voluntary bankruptcy petition under chapter 13. The issue before the court was whether debtors'alleged inability to pay for credit counseling was a sufficient reason for the court to ignore the mandate found in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U.S.C. § 109(h)(3).
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Court
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