Holsinger filed a Chapter 13 bankruptcy petition on December 20, 2011, accompanied by a request for a
Question:
Holsinger filed a Chapter 13 bankruptcy petition on December 20, 2011, accompanied by a request for a waiver of the prefiling debt counseling requirement under the BABCPA. Holsinger had enrolled in a credit counseling course on December 13, 2011, but claimed that her bankruptcy petition was necessitated without completion of the course as her home was in imminent danger of foreclosure. Holsinger also claimed that she could not complete the course until January 2012 due to work and limited access to a computer. Holsinger did complete the course on January 30, 2012, but was unable to provide the court with a certificate evidencing completion by the time of the hearing on her requested waiver on February 1, 2012. Do imminent foreclosure of real property and resultant eviction qualify as exigent circumstances excusing the pre-filing completion of a credit counseling course pursuant to BABCPA? Did Holsinger satisfy other BABCPA requirements in order to qualify for a waiver? How should the court treat Holsinger's bankruptcy petition in light of these facts? [In re Holsinger, 465 B.R. 775 (Bankr. W.D. Va. 2012).]
Step by Step Answer:
Dynamic Business Law The Essentials
ISBN: 978-1259917103
4th edition
Authors: Nancy Kubasek, Neil Browne, Daniel Herron