In re Miotto
Mar
29
2006
Ruling
Debtor was denied a motion to waive the prefiling credit counseling requirement since the debtor failed to file a counseling certification and describe the circumstances of any potential exigent circumstances.
Procedural posture
The matter was before the court on the motion to dismiss the chapter 13 petition brought by the chapter 13 trustee for debtor's failure to comply with 11 U.S.C. § 109(h)(1). In response, debtor filed a motion to waive the counseling requirement.
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Court
:
- 11 U.S.C.
In re Burrell
Mar
23
2006
Ruling
Debtor's case was dismissed since debtor did not meet the prefiling credit counseling requirements.
Procedural posture
A chapter 13 matter came before the court upon debtor's Motion for Order Allowing Additional Fifteen Days to File Credit Counseling Certification. The trustee opposed the motion.
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Court
:
- 11 U.S.C.
In re Warren
Mar
21
2006
Ruling
Dismissal was not warranted since the debtor completed the required credit counseling on the filing day before filing but needed an extension of time to file the certificate of counseling.
Procedural posture
A bankruptcy debtor obtained credit counseling as required by 11 U.S.C. § 109(h)(1) on the same day, but prior to the time, that the debtor filed his bankruptcy petition, but the debtor was unable to obtain a certificate of credit counseling until several weeks later. The debtor moved to enlarge the time for filing the certificate, and the trustee moved to dismiss the petition.
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Court
:
In re Doyle
Mar
21
2006
Ruling
Plan confirmation was denied since the debtors' combined scheduled noncontingent, liquidated, unsecured debts exceeded the amount allowed under chapter 13.
Procedural posture
Before the court in a chapter 13 matter was the Oregon Secretary of State Elections Division's objection to confirmation of debtors'chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Hawkins
Mar
20
2006
Ruling
Debtor was denied motion to extend the time to file a certificate of credit counseling since debtor had failed to obtain counseling prefiling.
Procedural posture
In a chapter 7 case, debtor moved for an extension of time to file a certificate of credit counseling under 11 U.S.C. § 109(h)(1).
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Court
:
In re Know Thy Self Inc.
Mar
17
2006
Ruling
Sole proprietorship was not eligible to be a debtor, and automatic stay was annulled.
Procedural posture
Before the court in debtor's chapter 11 matter was a creditor's Motion for Relief from Automatic Stay, to Annul Automatic Stay Ab Initio, to Validate Foreclosure Sale, and for in Rem Relief.
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Court
:
- 11 U.S.C.
In re Westenberger
Mar
15
2006
Ruling
Debtor was granted reconsideration of dismissal due to deficient certification of exigent circumstances since debtor described sufficiently exigent circumstances in having counseling agency make debtor wait five days until debtor's check cleared.
Procedural posture
The debtor filed an emergency motion to reconsider an earlier order that dismissed the case. The debtor sought relief under chapter 7, and the court had dismissed the petition because the debtor had not obtained budget and credit counseling before filing his petition, as required by 11 U.S.C. § 109(h)(3)(A)(i).
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Court
:
In re Thomas
Mar
14
2006
Ruling
Debtor was denied a waiver of the prefiling credit counseling requirement since the debtor's certificate of exigent circumstances failed to state that the debtor requested the counseling before filing.
Procedural posture
With his petition, the debtor requested a temporary waiver of the prefiling credit counseling requirement required by 11 U.S.C. § 109(h)(1) due to exigent circumstances. The debtor cited to a "foreclosure date" on his home as the exigent circumstance.
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Court
:
- 11 U.S.C.
In re Wallace
Mar
10
2006
Ruling
Debtor's case was dismissed since the debtor failed to obtain the required prefiling credit counseling or file a certificate of exigent circumstances.
Procedural posture
Before the court in debtor's bankruptcy matter was a motion to dismiss filed by the chapter 13 standing trustee.
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Court
:
- 11 U.S.C.
In re Calderon
Mar
08
2006
Ruling
Case was dismissed since debtor did not meet the prefiling credit counseling exception under section 109(h)(3).
Procedural posture
Debtor filed a pro se bankruptcy petition and a statement regarding her failure to obtain the credit counseling required by 11 U.S.C. § 109(h)(1) prior to filing the petition.
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Court
: