Date of Decision:
May 20, 2020
Whether the debtor's bankruptcy case should be dismissed because she did not receive her pre-petition credit counseling during the 180-day period ending on the date her petition was filed, as required by 11 U.S.C. § 109(h)(1)?
Yes. The debtor's case was dismissed since she received her pre-petition credit counseling outside the 180-day window ending on the date her petition was filed. Following the amendment of 11 U.S.C. § 109(h)(1) in 2010, the petition date is "day 180" and the days are counted back, starting with and including the date the petition was filed, to reach "day 1" and establish the parameters of the 180-day period.
Full Bankruptcy Court Decision: