Wednesday, March 23, 2011

FLINT BANKRUPTCY ATTORNEY PRESENTS THE NEED FOR CREDIT COUNSELING.

BANKRUPTCY FLINT ATTORNEY POSTING BY Flint Bankruptcy Lawyer Terry R. Bankert

See:UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION ,In re: Case No. 11-44277,RASUL ALFURATI, Chapter 7,Debtor. Judge Thomas J. Tucker. March 14, 2011[Comments of Flint Bankruptcy lawyer Terry R.Bankert ,810-235-1970 ,in bracket or CAP headlines. If you have bankruptcy questions call today-trb. ]



THIS CASE CONCERNS AN ORDER DENYING MOTION TO REINSTATE CHAPTER 7 CASE

This case is before the Court on Debtor’s motion entitled “Motion to Reinstate Chapter 7

Case,” filed on March 10, 2011 (Docket # 13, the “Motion”), which this Court construes as a

motion for reconsideration of, and for relief from, the Court’s March 8, 2011 Order dismissing

this case (Docket # 9).

YOUR MOTIONS MUST FIND A PALPABLE DEFECT

The Court has reviewed and considered the Motion, and finds the Motion fails to

demonstrate a palpable defect by which the Court and the parties have been misled, and that a

different disposition of the case must result from a correction thereof. See Local Rule 9024-

1(a)(3).

In addition, the Court notes the following.

NO EXCUSABLE NEGLECT

First, the allegations in the Motion do not establish excusable neglect under Fed.R.Civ.P. 60(b)(1), Fed.R.Bankr.P. 9024, or any other valid ground for relief from the order dismissing this case.

DEBTOR DID NOT GET REQUIRED CREDIT COUNSELING TIMELY

Second, Debtor is not eligible to be a debtor in this case under 11 U.S.C. § 109(h)(1).

That provision provides in relevant part, that an individual may not be a debtor under this title unless such individual has, during the 180-day period preceding the date of

filing the petition by such individual, received from an approved

nonprofit budget and credit counseling agency described in section

111(a) an individual or group briefing (including a briefing

conducted by telephone or on the Internet) that outlined the

opportunities for available credit counseling and assisted such

individual in performing a related budget analysis.

CREDIT COUNSELING REQUIRED BEFORE THE FILING

Debtor only received credit counseling after the petition was filed. Debtor filed a voluntary

petition for relief under Chapter 7 on February 20, 2011 at 11:20 p.m. Eastern Standard Time,

which equates to 8:20 p.m. Pacific Standard Time (“PST). On March 9, Debtor filed a

Certificate of Counseling which states that on February 20, 2011 at 9:23 p.m. PST, Debtor

received “an individual [or group] briefing that complied with the provisions of 11 U.S.C.

§§ 109(h) and 111.” (Emphasis added). With exceptions not applicable here, 11 U.S.C.

§ 109(h)(1) requires a debtor to obtain credit counseling before filing a bankruptcy petition.

For all of these reasons, ,

IT IS ORDERED that the Motion (Docket # 13) is denied.
 
[Question ? Contact
http://attorneybankert.com/

Sphere: Related Content

13 comments:

Danial123 said...

I am to a great extent impressed with the article I have just read interesting very good.I read the Blog Nice site I found and I bookmarked the site.
Lead Generation

Danial123 said...

Good work! This is exactly what I needed. Your post is an excellent example of an essay topic. Thanks for this.
burn coffee makers

Danial123 said...

High, do people know about this good topic? In the freelance writing service is not hard to obtain everything!
order food online

Danial123 said...

Hey buddy, good morning. Interesting post. You have gained a new fan. Please keep up the good work and I look forward to more of your amazing posts.
mobile application development

Danial123 said...

I would like to thank you for the efforts you have made in writing this post. I am hoping the same best work from you in the future as well. In fact your creative writing abilities has inspired me to start my own blog now.
mobile website development

Danial123 said...

But, because of our vast knowledge of bankruptcy, we also help you understand when filing for a bankruptcy might be the best answer to your financial problems.
Debt Solution

carl.gregory16 said...

Hermosa Beach All parts and components are blacked out,giving it a very cool,toughb and mellow look.
illionis bankruptcy

jachmilli said...

You should consider how a filing may affect your life, how not filing may affect your life and then decide which results are better for you.
nevada bankruptcy

helena said...

Whether or not you are getting a lawyer to help you, you need to know what you are doing in your bankruptcy case so you don’t get burned.
filing for bankruptcy

jachmilli said...

When you are ready to begin planting herbs, you might be tempted to buy the more expensive plants from the store.
how to garden

helena said...

Ted Connolly is a lawyer in the Boston office of a large, international law firm, where he concentrates his legal practice in bankruptcy and finance law.
california bankruptcy

helena said...

The mirror finish stainless pots possess a nice weight, well-fitting covers, classy sturdy riveted handles, flat bottoms that suit nicely around the writers, and remain-awesome handles.
yamaha

helena said...

The mirror finish stainless pots possess a nice weight, well-fitting covers, classy sturdy riveted handles, flat bottoms that suit nicely around the writers, and remain-awesome handles.
motorola