You are here

In re Burke (Case No. 06-70923) 02/15/2007

The Court granted the debtor's motion to reopen the debtor's case based on a finding that there is cause to do so under 11 U.S.C. § 350(b) because the debtor's counsel failed to file a certification of the debtor's completion of an approved personal financial management course.  Further, the Court denied the debtor's motion to waive applicable filing fees because (1) Rule 4007 only applies when the debtor has obtained a discharge from the debtor's debts generally and (2) 28 U.S.C. § 1930 provides for the amount of the fees and no "appropriate circumstances" exist in this case to waive such fees.  However, the Court ordered that the debtor's counsel pay the applicable fees personally because the failure to file the certification was due to an administrative mix-up in counsel's own office.

Date: 
Thursday, February 15, 2007
Category: 
Credit Counseling
Dismissal
Reopening/Reinstatement
Chapter: 
7