In re Logsdon
Aug
29
2012
Ruling
Credit counseling completed four days after petition date did not satisfy requirement absent waiver or exigent circumstances.
Procedural posture
A bank filed a motion to dismiss the debtors' chapter 13 case based on their failure to comply with the credit counseling requirements of 11 U.S.C.S. § 109(h).
ABI Membership is required to access the full summary of In re Logsdon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Dehart v. John (In re John)
Jun
04
2012
Ruling
Dismissal for late completion of required credit counseling denied as inequitable given completion of plan and absence of bad faith.
Procedural posture
Movant bankruptcy trustee asserted that respondent bankruptcy debtors' credit counseling for eligibility to be bankruptcy debtors under 11 U.S.C.S. § 109(h) was not completed with the requisite period prior to filing their bankruptcy petition. The trustee moved to dismiss the debtors' case, and the motion was not considered until after the debtors' confirmed plan was consummated and the trustee issued a final report.
ABI Membership is required to access the full summary of Dehart v. John (In re John) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Lane
May
22
2012
Ruling
Credit counseling received one hour after filing petition did not satisfy requirement.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the court issued an order which required the debtor to show cause why her case should not be dismissed because she had not obtained the credit counseling required by 11 U.S.C.S. § 109(h) within 180 days of the date she filed her case.
ABI Membership is required to access the full summary of In re Lane Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Gordon
Mar
21
2012
Ruling
Incarcerated debtor's case dismissed due to failure to complete credit counseling and inability to attend hearings.
Procedural posture
This case came before the court for a hearing on the motion to dismiss case, and the amended motion to dismiss case, both filed by the trustee, and the expedited motion for debtor to appear for chapter 11 hearings other than in person, filed by debtor.
ABI Membership is required to access the full summary of In re Gordon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Koo
Mar
02
2012
Ruling
Case dismissed where debtor received credit counseling a few hours after filing petition.
Procedural posture
Because the debtors received credit counseling a few hours after they filed a voluntary Chapter 13 petition, the court issued an order directing them to file an amended certificate of credit counseling or an amended Exhibit D, or to show cause why the case ought not be dismissed due to ineligibility under 11 U.S.C.S. § 109(h).
ABI Membership is required to access the full summary of In re Koo Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Holsinger
Feb
27
2012
Ruling
Exigent circumstances exception to credit counseling requirement denied where debtor had made no effort to obtain counseling.
Procedural posture
A debtor filed a certification of exigent circumstances with her chapter 13 petition seeking an exception to the requirement that she obtain credit counseling prior to filing her petition pursuant to 11 U.S.C.S. § 109(h)(3).
ABI Membership is required to access the full summary of In re Holsinger Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Ingram
Dec
16
2011
Ruling
Case properly dismissed for failure to complete mandatory credit counseling.
Procedural posture
The United States Bankruptcy Court for the Northern District of Ohio dismissed a chapter 13 bankruptcy case without prejudice pursuant to 11 U.S.C.S. § 1307 because of the debtor's failure to complete mandatory prepetition credit counseling prior to filing his petition, as required by 11 U.S.C.S. § 109(h)(1). It denied the debtor's motion seeking reconsideration of that order. The debtor appealed.
ABI Membership is required to access the full summary of In re Ingram Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
In re Fanuzzi
Dec
07
2011
Ruling
Completion of credit counseling four weeks after petition date did not satisfy requirement, resulting in dismissal.
Procedural posture
The United States Trustee (UST) sought dismissal of this case on the grounds that the debtors were not eligible to be debtors under Chapter 11 because they did not, during the 180- day period ending on the date of the filing of their petition, receive a briefing from an approved nonprofit budget and credit counseling agency as required by 11 U.S.C.S. § 109(h)(1).
ABI Membership is required to access the full summary of In re Fanuzzi Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Fiorillo
Jun
24
2011
Ruling
Voluntary dismissal based on non-compliance with credit counseling requirement denied where debtor had previously claimed compliance.
Procedural posture
Debtor's chapter 11 case was converted to a chapter 7 proceeding by the U. S. Bankruptcy Court for the District of Massachusetts. The debtor moved to dismiss for lack of jurisdiction. The bankruptcy court denied the motion. The debtor appealed.
ABI Membership is required to access the full summary of In re Fiorillo Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Halfpenny
Oct
21
2010
Ruling
Incarcerated debtor who could not demonstrate exigent circumstances was not entitled to waiver of credit counseling requirement, resulting in dismissal.
Procedural posture
The court dismissed a pro se Chapter 7 debtor's bankruptcy case for his failure to comply with the credit counseling requirement of 11 U.S.C.S. § 109(h)(1). After the debtor appealed, the court wrote an opinion in support of its order of dismissal.
ABI Membership is required to access the full summary of In re Halfpenny Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: