Bankr. No.:
23-40410
Chapter:
7
Date of Decision:
January 25, 2024
Issue:
Whether an individual was eligible to be a chapter 7 debtor where her petition was filed 186 days after she completed the credit counseling briefing required by 11 U.S.C. §109(h)(1)?
Ruling:
No, the debtor's case was dismissed. With certain limited exceptions, the failure to complete the required credit counseling within the 180-day period ending on the date the petition is filed is a fatal flaw rendering the debtor ineligible for bankruptcy relief, and the debtor failed to prove the three statutory requirements for the exigent circumstances exception under 11 U.S.C. §109(h)(3)(A) justifying a waiver of the credit counseling requirement.
Full Bankruptcy Court Decision:
