- 11 U.S.C.
Bristol v. Ackerman (In re Bristol)
Feb
02
2009
Ruling
Incarceration did not qualify as "incapacity" that would exempt debtor from credit counseling requirement.
Procedural posture
Appellant debtor filed a petition under chapter 7 of the Bankruptcy Code while he was incarcerated, and the United States Bankruptcy Court for the Eastern District of New York dismissed the case because the debtor had not filed proof that he received budget and credit counseling, as required by 11 U.S.C.S. § 109(h)(1). The debtor appealed, and appellee trustee defended the bankruptcy court's order on appeal.
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Court
:
- 11 U.S.C.
In re Larsen
Jan
09
2009
Ruling
Case dismissed where incarcerated debtor did not request prepetition briefing from credit counselor or cite exigent circumstances for exemption.
Procedural posture
A chapter 7 debtor filed a motion for an exemption from the credit counseling requirement under 11 U.S.C.S. § 109(h)(4).
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Court
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In re Sims
Jan
07
2009
Ruling
Credit counseling requirement does not apply in an involuntary case.
Procedural posture
An involuntary bankruptcy petition under chapter 7 of the Bankruptcy Code was filed against a debtor. The debtor filed a motion for additional time to submit the credit counseling certificate required by 11 U.S.C.S. § 109(h).
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Court
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In re Anderson
Dec
03
2008
Ruling
Incarcerated debtor did not qualify for waiver of credit counseling requirement.
Procedural posture
Appellant debtor sought review of a decision of the United States Bankruptcy Court for the Western District of Michigan, which dismissed the debtor's case when the debtor failed to comply with the credit counseling requirement of 11 U.S.C.S. § 109(h).
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Court
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Judge or Jurisdiction information not available
In re Thompson
Sep
30
2008
Ruling
Certificate of post-petition completion of required credit counseling did not establish exigent circumstances and was insufficient grounds for temporary waiver.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code. The debtors filed an exhibit D, entitled a statement of compliance with the credit counseling requirement, and indicated that they had requested credit counseling, but were not able to obtain it within five days of their request. The debtors filed a motion for a temporary waiver of the counseling requirements.
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Court
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In re Hammonds
Sep
22
2008
Ruling
Confirmation denied as credit counseling received on petition date was not obtained during the 180-day period preceeding the date of the filing of the petition.
Procedural posture
A creditor filed an objection to confirmation on the ground that the debtors were not eligible to be debtors under 11 U.S.C.S. § 109(h). The creditor objected to the debtors' motion to continue confirmation of the chapter 13 plan.
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Court
:
- 11 U.S.C.
In re DeHoog
Sep
17
2008
Ruling
Neither counseling received more than 180 days prior to petition date nor counseling completed later in the afternoon of the petition date satisfied credit counseling requirement.
Procedural posture
A debtor was ordered to show cause why her chapter 13 bankruptcy case should not have been dismissed for failure to comply with credit and budget counseling requirements of 11 U.S.C.S. § 109(h)(1) and (3).
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Court
:
- 11 U.S.C.
In re Hammer
Sep
11
2008
Ruling
Completion by debtors'son via durable power of attorney did not satisfy credit counseling requirement.
Procedural posture
A husband and wife filed a chapter 7 petition, which included certificates of credit counseling stating that the requisite credit counseling course had been satisfied by their son, acting with a durable power of attorney granted by both the husband and wife. The matter was before the court sua sponte.
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Court
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In re Hubel
Sep
08
2008
Ruling
Dismissal for failure to obtain required credit counseling upheld despite incarcerated debtor's inability to comply.
Procedural posture
Appellant debtor appealed from a letter decision and order of the Bankruptcy Court, denying his request for an exemption from the credit counseling requirement of 11 U.S.C.S. § 109(h).
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Court
:
- 11 U.S.C.
In re Mahjor
Jul
14
2008
Ruling
Deferment of credit counseling requirement denied where debtor did not show it had requested counseling but was unable to obtain same within five days.
Procedural posture
A debtor filed a voluntary petition for adjustment of his debts under Chapter 13 of the Bankruptcy Code. Pursuant to 11 U.S.C.S. § 109(h)(3)(A), the debtor requested deferment of the required credit counseling due to exigent circumstances.
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Court
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