- 11 U.S.C.
In re Latovljevic
May
09
2006
Ruling
Court denied debtor's request for exemption from prefiling credit counseling due to incarceration and dismissed case.
Procedural posture
The debtor requested an exemption from the Bankruptcy Code's credit counseling requirements due to his incarceration. The trustee objected to the request for an exemption and sought to have the debtor's case dismissed on the basis that the debtor failed to obtain prepetition, non-profit, budget and credit counseling services.
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Court
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In re Carr
May
03
2006
Ruling
Case was dismissed since debtor failed to request prefiling credit counseling.
Procedural posture
A debtor was ordered to show cause why his chapter 13 bankruptcy case should not have been dismissed for failure to obtain prepetition, non-profit, budget and credit counseling as required by 11 U.S.C. § 109(h).
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Court
:
- 11 U.S.C.
In re Star
Apr
24
2006
Ruling
Debtor did not qualify for permanent waiver of credit counseling requirement but was granted extension of time to receive counseling due to incarceration.
Procedural posture
The trustee objected to a debtor's motion to proceed without meeting the credit counseling requirement of 11 U.S.C. § 109(h). The debtor filed an unopposed motion to conduct his 11 U.S.C. § 341 meeting of creditors telephonically.
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Court
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Hedquist v. Fokkena (In re Hedquist)
Apr
21
2006
Ruling
Court rejected equal protection argument of pro se debtor in dismissing debtor's case for failing to comply with section 109(h) credit counseling requirement.
Procedural posture
Appellant, a pro se debtor, challenged a decision of the Bankruptcy Court for the District of Minnesota that held debtor and his wife were ineligible to file their chapter 11 bankruptcy case for failing to comply with the credit counseling requirements of 11 U.S.C. § 109(h), dismissed their case.
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In re Mills
Apr
20
2006
Ruling
Case was dismissed since debtor obtained credit counseling on same day as filing.
Procedural posture
A bankruptcy petitioner obtained credit counseling as required by 11 U.S.C. § 109(h) on the same day that her bankruptcy petition was filed. The trustee moved to dismiss the petition based on the petitioner's ineligibility to be a debtor under section 109(h).
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Court
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In re Hawkins
Apr
20
2006
Ruling
Court deemed that debtor need only make colorable claim of receiving credit counseling to assert jurisdiction and impose automatic stay.
Procedural posture
The court previously entered an order to show cause why debtor's case ought not be dismissed for failure to obtain credit counseling prior to the petition date, as required to satisfy the requirements of 11 U.S.C. § 109(h).
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Court
:
- 11 U.S.C.
In re Raymond
Apr
12
2006
Ruling
Pro se debtor's case was dismissed since debtor's certification of exigent circumstances did not certify that debtor requested credit counseling services but was unable to receive them.
Procedural posture
Before the court in a chapter 7 matter was pro se debtor's certification of exigent circumstances.
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Court
:
In re Causey
Apr
05
2006
Ruling
Case was dismissed since debtor did not provide credit counseling certification or provide explanation of exigent circumstances.
Procedural posture
Movant bankruptcy trustee moved to dismiss nonmovant debtor's bankruptcy petition for chapter 11 bankruptcy relief. The debtor requested recusal of the bankruptcy judge.
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Court
:
In re Seaman
Mar
30
2006
Ruling
Court held that dismissal of case rather than striking debtor's petition as void ab initio was the appropriate remedy when debtor failed to meete credit counseling requirement.
Procedural posture
A pro se individual bankruptcy debtor filed his bankruptcy petition, but the debtor neither filed a certificate of credit counseling with his petition pursuant to 11 U.S.C. § 109(h) nor sought a temporary or permanent exemption from the counseling requirement under that section. The trustee moved to dismiss the debtor's petition.
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Court
:
In re Salazar
Mar
29
2006
Ruling
Foreclosure did not violate an automatic stay since the debtors did not comply with the prefiling credit counseling requirement and were, thus, ineligible as bankruptcy debtors.
Procedural posture
Bankruptcy debtors filed their bankruptcy petition without obtaining credit counseling as required by 11 U.S.C. § 109(h), the debtors'mortgagee foreclosed on their residence after the petition was filed. The debtors moved for reconsideration of the bankruptcy court's order, which struck the debtor's petition based on ineligibility under section 109(h).
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Court
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