- 11 U.S.C.
In re Francisco
Jul
02
2008
Ruling
Credit counseling obtained on petition date satisfied "180 days preceeding date of filing" requirement.
Procedural posture
Appellant debtor sought review of a decision of the United States Bankruptcy Court for the District of New Mexico, which dismissed her chapter 13 petition for failure to timely obtain credit counseling under 11 U.S.C.S. § 109(h)(1).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Jones
Jun
17
2008
Ruling
Postpetition certificate of education did not satisfy requirement for prepetition credit counseling.
Procedural posture
The United States Trustee filed a motion to dismiss a debtor's chapter 7 bankruptcy case on the ground that the debtor failed to obtain credit counseling as required by 11 U.S.C.S. § 109(h)(1) prior to filing his case.
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Court
:
- 11 U.S.C.
In re Mitchell
Jun
17
2008
Ruling
Postpetition credit counseling did not satisfy requirement where temporary waiver had been denied.
Procedural posture
A debtor filed a motion for reconsideration of an order, which dismissed his chapter 7 case for failure to comply with the credit counseling requirement articulated in 11 U.S.C.S. § 109(h).
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Court
:
- 11 U.S.C.
In re Houston
Apr
11
2008
Ruling
Deferment of credit counseling requirement denied where debtor failed to establish inability to obtain counseling within five days of request.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code and submitted with her petition a certificate of exigent circumstances in support of her request for deferment of the credit counseling requirement.
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Court
:
- 11 U.S.C.
In re Stewart
Mar
27
2008
Ruling
Pro se debtor's fifth case within four years dismissed with one year refiling bar.
Procedural posture
The chapter 13 trustee moved to dismiss a case filed by debtor on the grounds of bad faith and also sought an order barring debtor from filing another bankruptcy for one year. Debtor, who had filed the case pro se, did not appear to contest the motion.
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Court
:
In re Palacios
Mar
13
2008
Ruling
Deferment of credit counseling requirement denied as debtor had not contacted approved agency to follow waiver procedure.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code. The debtor entered a certificate of exigent circumstances for deferment of the credit counseling requirement imposed by 11 U.S.C.S. § 109(h) because the debtor claimed he lacked income to pay for the classes.
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Court
:
- 11 U.S.C.
In re Lee
Mar
12
2008
Ruling
Debtor incarcerated at work camp was "impaired" and exempted from compliance with credit counseling requirement.
Procedural posture
A debtor in a chapter 13 bankruptcy case filed a motion to be excused from the credit counseling briefing requirements of 11 U.S.C.S. § 109(h)(1).
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Court
:
In re Diloreto
Jan
11
2008
Ruling
Involuntary petition dismissed as service on debtor via overnight courier was improper.
Procedural posture
An involuntary chapter 7 debtor filed a motion to dismiss the involuntary petition under 11 U.S.C. § 109(h) and for lack of subject matter jurisdiction. The debtor also filed a motion to transfer venue.
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:
In re Rios
Jan
11
2008
Ruling
Counsel required to ascertain that debtors' have obtained credit counseling before filing petition on their behalf.
Procedural posture
The court previously entered an order providing for confirmation of the debtor's chapter 13 plan notwithstanding the debtor's failure to comply with the credit briefing requirements of 11 U.S.C.S. § 109(h) because the chapter 13 Trustee had not timely sought dismissal due to ineligibility. The order outlined the court's concerns about counsel's lack of compliance with 11 U.S.C.S. § 109(h) in the instant and other cases.
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:
- 11 U.S.C.
In re Shea
Jan
07
2008
Ruling
Credit counseling requirement could not be waived despite exigent circumstances absent evidence of efforts, and inability, to obtain,counseling.
Procedural posture
The debtor filed motion for waiver, based on exigent circumstances, of the requirement for prepetition credit counseling.
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Court
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