In re Rodriguez
Dec
09
2005
Ruling
Debtors'case was dismissed since they failed to justify their request for a waiver of the credit counseling certification requirement.
Procedural posture
Debtors filed a voluntary joint bankruptcy petition under chapter 13. The debtors filed a request for waiver of timely filing of an 11 U.S.C. § 109(h) credit counseling certificate.
ABI Membership is required to access the full summary of In re Rodriguez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Davenport
Dec
06
2005
Ruling
Debtor was not excused from prepetition credit counseling requirement despite exigent circumstances because the debtor failed to make a prefiling request for counseling.
Procedural posture
The debtor filed a motion to be excused from complying with the prepetition credit counseling requirement of 11 U.S.C. § 109(h), alleging only that certain "exigent circumstances" — the imminent repossession of the debtor's truck — made prepetition credit counseling "meaningless." Two days after filing the petition, the debtor did receive the approved credit counseling.
ABI Membership is required to access the full summary of In re Davenport Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Talib
Dec
01
2005
Ruling
Debtor's motion to waive pre-filing debt counseling requirement was denied since she did not establish exigent circumstances.
Procedural posture
Pursuant to 11 U.S.C. § 109(h)(3), a chapter 13 debtor filed a certification of exigent circumstances and a motion to waive debt counseling prior to filing.
ABI Membership is required to access the full summary of In re Talib Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Williams
Nov
28
2005
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.
ABI Membership is required to access the full summary of In re Williams Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Bland
Nov
16
2005
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.
ABI Membership is required to access the full summary of In re Bland Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Louredo
Nov
16
2005
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.
ABI Membership is required to access the full summary of In re Louredo Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Allen
Nov
15
2005
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.
ABI Membership is required to access the full summary of In re Allen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Monteiro
Oct
31
2005
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).
ABI Membership is required to access the full summary of In re Monteiro Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Gee
Oct
26
2005
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.
ABI Membership is required to access the full summary of In re Gee Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Booth
Oct
25
2005
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.
ABI Membership is required to access the full summary of In re Booth Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: