In re: Ingram, No. 11-8013 (6th Cir. 2011)
Annotate this CaseDebtor filed a petition under Chapter 13 of the Bankruptcy Code and, a month later, filed a Certificate of Credit Counseling stating that the counseling session was completed post-petition. At a hearing Debtor represented that the certificate was incorrect and that he actually completed counseling before he filed his petition. The court issued an order for the Debtor to show cause why his case should not be dismissed pursuant to 11 U.S.C. 109(h) and inviting the Trustee to make inquiries to the credit counseling agency. At a later hearing, the Trustee represented that, although the Debtor completed the online portion of counseling prior to filing, he did not complete the telephone component until later. The bankruptcy court dismissed. The Sixth Circuit affirmed.The requirements of 109(h) are unambiguous and the statutory exemptions were not present, so the court did not have discretion to ignore, modify, or defer the requirements, which are a prerequisite to obtaining relief.
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