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In re Tomco

Ruling
Debtor's case was dismissed since the debtor did not attempt to obtain a prepetition credit counseling briefing and a waiver based on exigent circumstances was not warranted.
Procedural posture

A debtor filed a bankruptcy petition to avoid a foreclosure sale of her residence and did not obtain a prepetition briefing from a credit counseling agency as required by 11 U.S.C. § 109(h). The bankruptcy court sua sponte considered whether the debtor's certificate of exigent circumstances was satisfactory to render the debtor eligible for bankruptcy relief.

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opinion summary, case decided on February 27, 2006 , LexisNexis #0306-036

Elliott v. Kiesewetter (In re Kiesewetter)

Ruling
Court maintained an automatic stay since a withdraw of reference motion was pending that could affect title and determine whether the property was estate property, but the court required adequate assurances be provided.
Procedural posture

After respondent debtors filed for chapter 11 bankruptcy relief, movant judgment creditors filed a motion for relief from an automatic stay. The debtor objected. The bankruptcy court held a hearing on the motion.

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opinion summary, case decided on February 01, 2006 , LexisNexis #0206-066

Miller v. Advantage Credit Counseling Service (In re Miller)

Ruling
Alleged facsimile from credit counseling agency did not meet certification of credit counseling requirement, but the court treated document as a motion for a reasonable time to obtain the certification.
Procedural posture

Debtor filed a chapter 13 bankruptcy petition. The court granted debtor's motion for an extension of time for filing the certificate of credit counseling required under 11 U.S.C. §§ 109(h)(1) and 521(b). Debtor filed a document that was purportedly a certificate of credit counseling.

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opinion summary, case decided on January 05, 2006 , LexisNexis #0206-095