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In re Crewey (Case No. 11-71179) 06/28/2011

        The female debtor in a joint case filed a motion asking the Court to either find that she has complied with the requirements of 11 U.S.C. § 109(h) or, alternatively, to bifurcate the joint case and to dismiss her resulting individual case.  Instead of having taken the pre-filing credit counseling required, the female debtor had taken the post-petition debtor education course required to receive a discharge under chapter 13.  The petition was filed and the female debtor subsequently took the pre-filing course.  The Court found that the female debtor had not timely received the pre-petition credit counseling and was ineligible to be a debtor.  The Court then bifurcated the joint case and dismissed the female debtor’s resulting case.

Date: 
Tuesday, June 28, 2011
Category: 
Chapter 13 Issues
Credit Counseling
Eligibility
Chapter: 
13