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In re Borges

In re Borges

Ruling
Debtor excused from compliance with credit counseling requirement due to effects of stroke but §1112(b)(2)(B) did not excuse debtor spouse's compliance.
Procedural posture

Debtors, a husband and wife, filed a petition under Chapter 11 of the Bankruptcy Code, and stated that they had completed, signed, and attached the "Individual Debtor's Statement of Compliance with Credit Counseling Requirement." The court found that the debtors had not attached that statement, and it issued an order to show cause why the debtors' case should not be dismissed.

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Consumer opinion summary, case decided on September 08, 2010 , LexisNexis #1010-037