Wednesday, November 16, 2005
No Excusing Credit Counseling Requirements
We earlier mentioned a Virginia case which denied a request for extension of time to comply with the new credit counseling requirements where the debtor did not certify that he had sought and been unable to receive counseling before filing. In re Watson, 332 BR 740 (Bankr. E.D. Va. 11/3/05). Debtors are faring no better elsewhere. A Missouri court has likewise concluded that the certification of an unfulfilled request is essential for obtaining an extension, regardless of the exigent circumstances otherwise demonstrated. In re Gee, 332 B.R. 602 (Bankr. W.D. Mo. 10/26/05). Judge Dow in Gee held that such a certification is a "plainly stated requirement" for granting a waiver and politely declined the Debtor's invitation to rewrite the statute.
at 5:35 PM