In re Bricksin
Jul
26
2006
Ruling
Motion to dismiss case was denied since debtors' participation in debt repayment plan constitued ongoing credit counseling sufficient to satisfy 180-day prior to filing credit counseling requirement.
Procedural posture
After the debtors filed for bankruptcy protection under chapter 7, the U.S. trustee moved to dismiss their case pursuant to 11 U.S.C. §§ 707(a), 109(h) and 521(b) and Fed. R. Bankr. P., Interim R. 1007(b)(3). The trustee asserted that the debtors failed to file certificates from an approved credit counseling agency evidencing their receipt of credit counseling within the 180-day period preceding the date of filing the petition
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Court
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