In re Salazar

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), and 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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