- 11 U.S.C.
In re Petit-Louis
Jun
23
2006
Ruling
Court upheld waiver of credit counseling since debtor could not find credit counseling in debtor's native language.
Procedural posture
The debtor, who spoke limited English, could not obtain the requisite prefiling credit counseling in Creole, nor could he afford to hire an interpreter. The yrustee moved for reconsideration of the court's order granting the debtor a waiver of the credit counseling required by 11 U.S.C. § 109(h)(1). At the hearing on the matter, after resting, the trustee moved to introduce affidavits into evidence.
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Court
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- 11 U.S.C.
In re Glover
Jun
19
2006
Ruling
Petition filed by debtor who did not obtain credit counseling did not commence a case.
Procedural posture
The United States Trustee filed a motion to dismiss a debtor's bankruptcy case for failure to comply with 11 U.S.C. § 109(h)(1).
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Court
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In re Bass
Jun
09
2006
Ruling
Court denied motion to dismiss since debtor had substantially complied with section 109(h) requirements.
Procedural posture
Debtor filed a motion for an extension of time to obtain credit counseling. The trustee filed an objection. The trustee also filed a motion seeking the dismissal of the debtor's chapter 7 case for failure to comply with the provisions of 11 U.S.C.S. § 109(h)(1) and (h)(3)(B) pursuant to 11 U.S.C. § 707(a).
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Court
:
- 11 U.S.C.
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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Court
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In re Thompson
Jun
05
2006
Ruling
Court upheld its ruling that petition was to be struck rather than case being dismissed for failure to meet credit counseling requirement.
Procedural posture
In a previous order, the court struck the debtors' petition for failure to comply with 11 U.S.C. § 109(h)(1). The trustee moved for reconsideration of the court's order, arguing for dismissal of the case rather than the striking of the petition.
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Court
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In re Afolabi
Jun
02
2006
Ruling
Debtor's case was dismissed due to failure to satisfy credit counseling requirement.
Procedural posture
Debtor filed a chapter 13 bankruptcy petition. The issue before the bankruptcy court was whether the debtor had complied with the requirements of 11 U.S.C. § 109(h).
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Court
:
- 11 U.S.C.
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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Court
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In re Tulper
May
22
2006
Ruling
Debtors were granted waiver of section 109(h) credit counseling requirement due to physical disabilities.
Procedural posture
Debtors filed for relief under chapter 13. The court issued a notice of deficiency on that same date because the debtors failed to file a certificate that they had attended a budget and credit counseling course in accordance with 11 U.S.C. § 109(h). Debtors moved for a waiver of that course.
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Court
:
- 11 U.S.C.
In re Racette
May
17
2006
Ruling
Court denied debtor's motion to strike petition in their prior case since it was properly dismissed, rather than declared a nullity, for failure to comply with section 109(h)(1).
Procedural posture
On April 5, 2006, the court entered an order dismissing the debtors'prior case effective April 4, 2006. The reason for the dismissal was the debtors'failure to comply with the pre- petition credit counseling requirement under 11 U.S.C. § 109(h)(1). Also on April 4, 2006, the debtors filed the instant case. The debtors filed a motion asking the court strike the prior 2006 petition.
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Court
:
- 11 U.S.C.
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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Court
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