In re Borges
Sep
08
2010
Ruling
Debtor excused from compliance with credit counseling requirement due to effects of stroke but §1112(b)(2)(B) did not excuse debtor spouse's compliance.
Procedural posture
Debtors, a husband and wife, filed a petition under Chapter 11 of the Bankruptcy Code, and stated that they had completed, signed, and attached the "Individual Debtor's Statement of Compliance with Credit Counseling Requirement." The court found that the debtors had not attached that statement, and it issued an order to show cause why the debtors' case should not be dismissed.
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Court
:
- 11 U.S.C.
In re Pease
Jul
02
2010
Ruling
Debtor could not complete credit counseling course on behalf of debtor spouse via power of attorney.
Procedural posture
Bankruptcy debtors, husband and wife, filed a bankruptcy petition along with certificates of credit counseling stating that the requisite credit counseling course was satisfied by the wife, both for herself and for her husband via a power of attorney. The bankruptcy court sua sponte considered the eligibility of the husband to be a debtor.
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Court
:
- 11 U.S.C.
In re James
Apr
01
2010
Ruling
Counsel sanctioned for falsifying of credit counseling certificate by paralegal.
Procedural posture
After it was discovered that the credit counseling certificate filed by counsel per 11 U.S.C.S. § 109(h)(1) in connection with a chapter 13 filing made on behalf of debtors had been falsified, a married couple, motions were filed by debtors and by the Bankruptcy Administrator (BA). Issues included whether counsel was properly sanctioned by reason thereof and whether debtors were entitled to voluntarily dismiss the case per 11 U.S.C.S. § 1307.
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Court
:
In re Hayes
Jan
26
2010
Ruling
Fear of depositions in district court case did not provide grounds for waiver of credit counseling requirement.
Procedural posture
Before the court was debtors' request that the court temporarily waive the prepetition credit counseling requirement.
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Court
:
In re Crawford
Dec
14
2009
Ruling
Case dismissed where required credit counseling was received 181 days prior to petition date.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code, and the clerk of court issued an order requiring the debtors to show cause why their case should not be dismissed for failure to comply with the credit counseling requirements mandated by 11 U.S.C.S. § 109(h). The court held a hearing on the order to show cause.
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Court
:
In re Wise
Sep
02
2009
Ruling
Creditor's motion to set aside plan confirmation for debtors' failure to obtain required credit counseling until the petition date denied.
Procedural posture
Debtors filed a petition under chapter 13, and a trustee who was appointed to administer the debtors' bankruptcy estate. A creditor filed a motion to set aside the court's order confirming the debtors' chapter 13 plan and to dismiss the case. The trustee opposed the creditor's motion.
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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
:
In re Mitrano
Aug
04
2009
Ruling
Bankruptcy court properly denied motion for waiver of credit counseling requirement.
Procedural posture
Appellant debtor sought review of orders of the United States Bankruptcy Court for the Eastern District of Virginia, that denied his motion for a waiver of the credit counseling under 11 U.S.C.S. § 109(h), dismissing the bankruptcy petition, and denying a motion for reconsideration of the issue under Fed. R. Civ. P. 59(e).
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Court
:
In re Martin
Apr
22
2009
Ruling
Dismissal upheld where debtor failed to provide exigent circumstances for waiver of credit counseling requirement until filing motion for reconsideration.
Procedural posture
The court dismissed a debtor's case due to the debtor's failure to demonstrate eligibility for relief under title 11. The debtor filed a motion to reconsider the court's order. The court construed the motion as having been filed pursuant to Fed. R. Civ. P. 60(b).
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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
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