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§ 109

In re Williams

Ruling
Court denied the debtor's motion to be excused from filing a certificate of credit counseling and ordered the debtor to file either the required certificate of credit counseling or certification of exigent circumstances or risk dismissal of the case without further notice or hearing.
Procedural posture

Debtor requested a waiver of the requirement to obtain budget and credit counseling under 11 U.S.C. § 109(h). Rather than filing the required certification, the debtor filed a motion to be excused from filing a certificate of credit counseling.

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opinion summary, case decided on November 28, 2005 , LexisNexis #0306-071

In re Bland

Ruling
Hearing was scheduled to determine if pro se debtor could justify a request for a waiver of the prefiling credit counseling requirement.
Procedural posture

Debtor filed a chapter 7 case pro se.

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opinion summary, case decided on November 16, 2005 , LexisNexis #0206-055

In re Louredo

Ruling
Debtor's case was dismissed even though the debtor obtained after filing the required credit counseling since, on filing, the debtor's certificate of exigent circumstances was insufficient.
Procedural posture

Debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code, together with a certificate of exigent circumstances. The court held that the certificate was deficient because it lacked a statement that the debtor had attempted but was unable to obtain the credit counseling required by 11 U.S.C. § 109(h)(1). The debtor subsequently filed a certificate reflecting that she received the required credit counseling.

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opinion summary, case decided on November 16, 2005 , LexisNexis #0306-108

In re Allen

Ruling
Court dismissed the debtor's case since the debtor's certificate of exigent circumstances regarding the prefiling credit counseling requirement was deficient.
Procedural posture

The debtor filed a voluntary petition for relief under chapter 13 of the Bankruptcy Code and a certification of exigent circumstances as to why she had not obtained credit counseling, as required by 11 U.S.C. § 109(h). The court held that the certificate was deficient because it lacked a statement that the debtor had attempted but was unable to obtain the required counseling, and it granted the debtor leave to file a supplemental certificate.

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opinion summary, case decided on November 15, 2005 , LexisNexis #0306-106

In re Monteiro

Ruling
Pro se debtor did not sufficiently allege grounds for obtaining an exemption from the prefiling credit counseling requirement, but the court permitted the debtor to supplement the exemption request and and to obtain a credit briefing within 30 days of filing.
Procedural posture

The debtor filed a chapter 7 case pro se. The debtor requested a waiver of the credit counseling requirement under 11 U.S.C. § 109(h).

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opinion summary, case decided on October 31, 2005 , LexisNexis #0206-052

In re Gee

Ruling
Debtor was ineligible to be a debtor despite exigent circumstances since the debtor failed to request credit counseling services prior to filing.
Procedural posture

A putative bankruptcy debtor filed a bankruptcy petition and a certification of exigent circumstances in support of a request for waiver of the requirement under 11 U.S.C. § 109 that the debtor obtain debt counseling prior to filing her petition. The certification of exigent circumstances was denied, and the debtor moved to vacate the order rejecting the certification.

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opinion summary, case decided on October 26, 2005 , LexisNexis #0106-036

In re Booth

Ruling
Debtors were denied motion for exemption from prefiling credit counseling requirement since they had failed to certify that they had requested but were unable to obtain the counseling.
Procedural posture

Debtors petitioned for bankruptcy relief pursuant to chapter 13 on October 20, 2005. The debtors had not completed the prepetition credit counseling required by 11 U.S.C. § 109(h)(1), they filed a motion to obtain an exemption from the credit counseling requirement or for an extension of time in which to meet the requirement.

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opinion summary, case decided on October 25, 2005 , LexisNexis #0206-088

In re Kenard

Ruling
Debtor's case was dismissed and the court validated a foreclosure sale since the debtor filed two chapter 13 petitions in bad faith by accepting property title and then immediately filing to try to stop foreclosure.
Procedural posture

Movant deed holder filed a motion to validate a foreclosure sale in a bankruptcy proceeding.

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opinion summary, case decided on August 04, 2005 , LexisNexis #0206-003