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§ 109(h)

In re Castro

Ruling
Debtor was ineligible due to failure to obtain required credit counseling.
Issue(s)
Should case be dismissed due to debtor's failure to comply with the credit counseling requirement?

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Consumer opinion summary, case decided on February 09, 2016 , LexisNexis #0316-003

Curtis v. Segraves (In re Segraves)

Ruling
Bankruptcy court properly refused to dismiss case where credit counseling certificate clearly showed debtor had fulfilled the requirement.
Issue(s)
Did bankruptcy court err in denying creditor's motion to dismiss debtor's bankruptcy for bad faith?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 30, 2015 , LexisNexis #1215-073

In re Fouts

Ruling
Case dismissed due to debtor’s failure to obtain required credit counseling in absence ofexigent circumstances. (Bankr. S.D.W. Va.)
Issue(s)
Should debtor’s case be dismissed due to failure to completed required credit counseling?

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Consumer opinion summary, case decided on September 10, 2015 , LexisNexis #0916-074

In re Drenth

Ruling
Debtor who was otherwise adequately represented by sisters as attorneys-in-fact excused from credit counseling requirement due to cognitive impairment.
Issue(s)
Was cognitively impaired debtor entitled to an exemption from the credit counseling requirement.

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Consumer opinion summary, case decided on September 10, 2015 , LexisNexis #1015-107

In re Howe

Ruling
Case dismissed and debtor's counsel sanctioned due to false representation that it had complied with the credit counseling requirement.
Issue(s)
Should debtor's counsel be sanctioned for false representation that debtor had received the required credit counseling from an approved agency?

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Consumer opinion summary, case decided on August 13, 2015 , LexisNexis #0915-002

In re Hemminger

Ruling
Incarcerated debtor was not qualified for chapter 13 relief in case filed by spouse pursuant to alleged power of attorney.
Issue(s)
Should case of incarcerated debtor filed by debtor's spouse pursuant to alleged power of attorney be dismissed?

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Consumer opinion summary, case decided on March 27, 2015 , LexisNexis #0415-073

In re Hancock

Ruling
Debtor's thirteenth case dismissed with prejudice and 180-day filing bar.
Issue(s)
Should debtor's thirteenth case be dismissed due to failure to pay filing fees or comply with the credit counseling requirement?

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Consumer opinion summary, case decided on March 19, 2015 , LexisNexis #0415-037

In re Shaw

Ruling
Debtor not eligible for waiver of prepetition credit counseling.
Issue(s)
Was debtor whose credit counseling was obtained several hours after the filing of the petition entitled to a waiver of the requirement that counseling be obtained prior to filing a petition?

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Consumer opinion summary, case decided on December 01, 2014 , LexisNexis #1214-107

In re Baghoumian

Ruling
Incarcerated debtor not eligible for waiver of credit counseling requirement.

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Consumer opinion summary, case decided on October 24, 2014 , LexisNexis #1114-072

In re Urbanec

Ruling
Case dismissed due to debtor's failure to obtain required credit counseling within 180 days of petition date.
Issue(s)
Should debtors be granted an extension of time to obtain required credit counseling or should their case be dismissed for failure to receive counseling with 180 days prior to petition date?

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Consumer opinion summary, case decided on October 24, 2014 , LexisNexis #1114-073