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§ 109(h)(3)

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.)
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Consumer case opionion summary, case decided on September 10,2015, LexisNexis #0916-074

In re England

A chapter 13 debtor filed a motion for an extension of time to receive credit counseling after she filed her petition pursuant to 11 U.S.C.S. § 109(h)(3)(A).
Ruling: 
Extension of time to obtain required credit counseling in debtor's fifth case denied.
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Consumer case opionion summary, case decided on June 10,2013, LexisNexis #0713-072

In re Jackson

A chapter 13 debtor filed a motion for exemption from credit counseling due to exigent circumstances pursuant to 11 U.S.C.S. § 109(h)(3)(A).
Ruling: 
Exemption from prepetition credit counseling requirement granted where debtor made credible good faith effort to complete counseling prior to filing petition.
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Consumer case opionion summary, case decided on December 11,2012, LexisNexis #0413-036

In re Gordon

This case came before the court for a hearing on the motion to dismiss case, and the amended motion to dismiss case, both filed by the trustee, and the expedited motion for debtor to appear for chapter 11 hearings other than in person, filed by debtor.
Ruling: 
Incarcerated debtor's case dismissed due to failure to complete credit counseling and inability to attend hearings.
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Consumer case opionion summary, case decided on March 21,2012, LexisNexis #0412-108

In re Koo

Because the debtors received credit counseling a few hours after they filed a voluntary Chapter 13 petition, the court issued an order directing them to file an amended certificate of credit counseling or an amended Exhibit D, or to show cause why the case ought not be dismissed due to ineligibility under 11 U.S.C.S. § 109(h).
Ruling: 
Case dismissed where debtor received credit counseling a few hours after filing petition.
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Consumer case opionion summary, case decided on March 02,2012, LexisNexis #0312-106

In re Holsinger

A debtor filed a certification of exigent circumstances with her chapter 13 petition seeking an exception to the requirement that she obtain credit counseling prior to filing her petition pursuant to 11 U.S.C.S. § 109(h)(3).
Ruling: 
Exigent circumstances exception to credit counseling requirement denied where debtor had made no effort to obtain counseling.
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Consumer case opionion summary, case decided on February 27,2012, LexisNexis #0412-004

In re Mahjor

A debtor filed a voluntary petition for adjustment of his debts under Chapter 13 of the Bankruptcy Code. Pursuant to 11 U.S.C.S. § 109(h)(3)(A), the debtor requested deferment of the required credit counseling due to exigent circumstances.
Ruling: 
Deferment of credit counseling requirement denied where debtor did not show it had requested counseling but was unable to obtain same within five days.
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Consumer case opionion summary, case decided on July 14,2008, LexisNexis #0908-037

In re Shea

The debtor filed motion for waiver, based on exigent circumstances, of the requirement for prepetition credit counseling.
Ruling: 
Credit counseling requirement could not be waived despite exigent circumstances absent evidence of efforts, and inability, to obtain,counseling.
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Consumer case opionion summary, case decided on January 07,2008, LexisNexis #0208-072

In re Hailemichael

A debtor filed for relief under chapter 7. The debtor filed a request for deferment of the credit counseling requirement set forth in 11 U.S.C. § 109(h).
Ruling: 
Deferment of credit counseling requirement where debtor did not claim exigent circumstances for filing or inability to obtain counseling within five days of petition date.
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Consumer case opionion summary, case decided on October 12,2007, LexisNexis #1107-071

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