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