§ 727(a)(11)

Kessler, In re

Ruling: 
Debtor's motion to reopen his case denied as he offered no reason for his failure to timely file a financial management course certificate more than five years ago. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on July 18,2018, LexisNexis #0818-112

In re Diaz

Before the court was debtor's motion to waive the personal financial management course requirement. Debtor was incarcerated and averred he lacked the necessary telephone or internet to complete the counseling requirement.
Ruling: 
Incarcerated debtor not entitled to waiver of financial management course requirement.
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Consumer case opionion summary, case decided on August 03,2012, LexisNexis #0912-023

In re Arana

A debtor filed a motion to reopen the chapter 7 bankruptcy case so that the debtor could file a certificate of completion of the required financial management course, pursuant to 11 U.S.C.S. § 727(a)(11).
Ruling: 
Motion to reopen case to file certificate of completion of financial management course denied as ignorance of requirement was not excuse for failure to timely comply.
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Consumer case opionion summary, case decided on May 07,2008, LexisNexis #0608-052

In re Henderson

Debtor filed a chapter 7 petition on December 1, 2006 and died on December 31, 2006 without having completed the instructional course on personal financial management required by 11 U.S.C.S. § 727(a)(11). His probate estate moved for a waiver of that requirement.
Ruling: 
Waiver of financial management course granted where debtor died prior to completion.
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Consumer case opionion summary, case decided on April 09,2008, LexisNexis #0608-088

In re Ferrell

The United States Trustee (UST) objected to the debtors' motion for an exemption from the personal financial management requirement, pursuant to 11 U.S.C.S. § 727(a)(11), on the grounds that the debtors did not meet the criteria for an exemption under 11 U.S.C.S. § 109(h)(4).
Ruling: 
Severely ill debtors granted extension of time to meet financial management course requirement or face closure of case without discharge.
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Consumer case opionion summary, case decided on February 21,2008, LexisNexis #0408-054

In re Cox

Shortly after bankruptcy debtors filed a joint chapter 7 bankruptcy petition, one debtor was incarcerated and the other debtor completed a financial management course as required by 11 U.S.C. § 727(a)(11) to receive a chapter 7 discharge. The debtors moved to exempt the incarcerated debtor from the requirement for the financial management course.
Ruling: 
Incarcerated debtor was not exempt from financial management course requirement.
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Consumer case opionion summary, case decided on November 29,2007, LexisNexis #0108-080

Lauro v. Shearer (In re Lauro)

Appellant joint chapter 7 debtors appealed from two orders entered by a bankruptcy court, which denied their motion to reopen their bankruptcy case and their subsequent motion for reconsideration. The debtors filed the motions after the bankruptcy court, pursuant to 11 U.S.C. § 727(a)(11), closed their bankruptcy case due to their failure to timely comply with Interim Fed. R. Bankr. P. 1007(c). Appellee trustee did not respond to the appeal.
Ruling: 
Bankruptcy court erred in failing to conduct excusable conduct inquiry into debtor's failure to file certificate of compliance with credit counseling requirement.
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Consumer case opionion summary, case decided on November 20,2007, LexisNexis #1207-086

In re Faircloth

A chapter 7 debtor filed a certification of exigent circumstances, requesting a waiver of the requirement that she complete the personal financial management course required by 11 U.S.C. § 727(a)(11).
Ruling: 
Financial management course requirement waived for debtor with dementia and memory loss.
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In re Hall

A debtor filed a renewed motion for an exemption from the requirement of 11 U.S.C. § 727(a)(11) that he participate in the instructional course concerning personal financial management before being entitled to a chapter 7 discharge.
Ruling: 
Eighty-one-year-old debtor with severe physical impairment and health issues granted disability waiver of personal financial management course.
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In re Johnson

The court, sua sponte, addressed whether to vacate an order discharging the debtors in bankruptcy, pursuant to 11 U.S.C. § 727(a)(11), for failure to complete a postpetition financial management course.
Ruling: 
Court vacated order discharging debtors and directed them to file certificate reflecting they had completed postpetition financial management course.
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