Joe and Maria Borges filed individual Chapter 11 voluntary petitions in bankruptcy in June 2010. The Borges

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Joe and Maria Borges filed individual Chapter 11 voluntary petitions in bankruptcy in June 2010. The Borges did not complete the required credit counseling prior to filing their petitions but instead completed the counseling three days after their filings. The court issued a show cause order requiring the Borges to demonstrate why their petitions should not be dismissed. Joe suffered from numerous medical maladies including the aftereffects of a stroke, mild dementia, manic depression, and an episode of diabetic shock one month before his bankruptcy filing. Maria claimed that the need to care for Joe and run the family dairy business prevented her from completing the counseling in a timely manner. How should the court decide this case? Should it dismiss Joe and Maria’s petitions or one but not the other?

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Dynamic Business Law The Essentials

ISBN: 9781260253382

5th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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