Skip to main content

§ 109(h)

In re Francisco

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).

ABI Membership is required to access the full summary of In re Francisco 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
Consumer opinion summary, case decided on July 02, 2008 , LexisNexis #0708-106

In re Jones

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.

ABI Membership is required to access the full summary of In re Jones Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 17, 2008 , LexisNexis #0708-108

In re Mitchell

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).

ABI Membership is required to access the full summary of In re Mitchell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 17, 2008 , LexisNexis #0708-107

In re Houston

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.

ABI Membership is required to access the full summary of In re Houston Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 11, 2008 , LexisNexis #0508-073

In re Stewart

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.

ABI Membership is required to access the full summary of In re Stewart Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 27, 2008 , LexisNexis #0508-003

In re Palacios

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.

ABI Membership is required to access the full summary of In re Palacios Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 13, 2008 , LexisNexis #0408-106

In re Lee

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).

ABI Membership is required to access the full summary of In re Lee Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 12, 2008 , LexisNexis #0408-107

In re Diloreto

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.

ABI Membership is required to access the full summary of In re Diloreto Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 11, 2008 , LexisNexis #0308001

In re Rios

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.

ABI Membership is required to access the full summary of In re Rios Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 11, 2008 , LexisNexis #0508-036

In re Shea

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.

ABI Membership is required to access the full summary of In re Shea Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 07, 2008 , LexisNexis #0208-072