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In re Allen

In re Allen

Ruling
Credit counseling requirement does not apply in involuntary cases.
Procedural posture

Defendant debtor moved to dismiss an involuntary chapter 7 petition that was filed against him under 11 U.S.C. § 303 on the ground that he was not eligible to be a debtor based on his failure to comply with the credit-counseling prerequisite in 11 U.S.C. § 109(h)(1). At issue was whether a debtor against whom such an involuntary petition had been filed must comply with that prerequisite.

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Consumer opinion summary, case decided on November 07, 2007 , LexisNexis #1207-038