No Credit Counseling Certificate, No Bankruptcy

109(h) CREDIT COUNSELING NOT OBTAINED WITHIN 180 DAYS IS FATAL
In re Gaddis, Case No. 07-40476
June 2007, Judge Karlin
Chapter 7 case dismissed for failure to comply with 109(h), in that the credit counseling was not obtained within 180 days of the date of filing. No statutory exception was alleged. Debtor is simply not eligible to obtain title 11 relief if 109(h) is not complied with.

Digest by:  Jan Hamilton, Trustee

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2 Responses to No Credit Counseling Certificate, No Bankruptcy
  1. [...] of an existing provision was changed (e.g., to section 521 or 704). It also does clarify that pre-petition credit counseling can occur on the same day as the petition is filed. It also changes “delay, hinder, and [...]

  2. [...] from a provider approved by the U.S. Trustee before the bankruptcy case can be filed. There are almost no [...]

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