§ 109(h)(4)

Oyarzun, In re

Ruling: 
Debtors' request for waiver of credit counseling was dismissed for failure to demonstrate that they suffer from a physical or mental disability. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on December 21,2017, LexisNexis #0118-092

In re Denger

The debtor filed a motion seeking a waiver of the requirement at 11 U.S.C.S. § 727(a)(11) to complete a financial management course in order to obtain a discharge. The debtor set forth his current confinement in a correctional facility as the basis for his motion.
Ruling: 
Debtor's incarceration was not grounds for waiver of required financial management course.
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Consumer case opionion summary, case decided on August 28,2009, LexisNexis #0909-107

In re Goodwin

A debtor filed for relief under chapter 7. The debtor filed a motion for waiver of the requirement to complete a financial management course, as required by 11 U.S.C.S. § 727.
Ruling: 
Imprisonment was not an impairment that would justify a waiver of the financial managerial course requirement.
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Consumer case opionion summary, case decided on March 11,2009, LexisNexis #0709-108

Bristol v. Ackerman (In re Bristol)

Appellant debtor filed a petition under chapter 7 of the Bankruptcy Code while he was incarcerated, and the United States Bankruptcy Court for the Eastern District of New York dismissed the case because the debtor had not filed proof that he received budget and credit counseling, as required by 11 U.S.C.S. § 109(h)(1). The debtor appealed, and appellee trustee defended the bankruptcy court's order on appeal.
Ruling: 
Incarceration did not qualify as "incapacity" that would exempt debtor from credit counseling requirement.
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Consumer case opionion summary, case decided on February 02,2009, LexisNexis #0309-037

In re Larsen

A chapter 7 debtor filed a motion for an exemption from the credit counseling requirement under 11 U.S.C.S. § 109(h)(4).
Ruling: 
Case dismissed where incarcerated debtor did not request prepetition briefing from credit counselor or cite exigent circumstances for exemption.
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Consumer case opionion summary, case decided on January 09,2009, LexisNexis #0209-072

In re Robles

A debtor's counsel filed a motion to excuse the deceased debtor in a chapter 7 bankruptcy case from completing a course in personal financial management under 11 U.S.C. §§ 109(H)(4) and 727(a)(11).
Ruling: 
Deceased debtor excused from financial management course requirement.
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Consumer case opionion summary, case decided on December 13,2007, LexisNexis #0108-108

In re Gates

Before the court was pro se debtor's application for an exemption from the course in personal financial management.
Ruling: 
Debtor too disabled to participate granted waiver of personal financial management course requirement.
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Consumer case opionion summary, case decided on December 12,2007, LexisNexis #0108-109

In re Vollmer

Chapter 7 debtor filed a motion for reconsideration of the court's ruling granting him only a temporary waiver of the credit counseling requirement of 11 U.S.C. § 109(h).
Ruling: 
Permanent waiver of credit counseling requirement granted to incarcerated debtor upon reconsideration.
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In re Trembulak

A debtor's counsel filed a certification in opposition, stating that the debtor had passed away and requesting that the chapter 7 bankruptcy case not be closed without the issuance of a discharge.
Ruling: 
Deceased debtor was exempted from financial management course requirement.
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In re Star

The trustee objected to a debtor's motion to proceed without meeting the credit counseling requirement of 11 U.S.C. § 109(h). The debtor filed an unopposed motion to conduct his 11 U.S.C. § 341 meeting of creditors telephonically.
Ruling: 
Debtor did not qualify for permanent waiver of credit counseling requirement but was granted extension of time to receive counseling due to incarceration.
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