From the Editor – Eligibility • NACTT Academy

From the Editor – Eligibility

By The Honorable William Houston Brown (Retired)

Debtor ineligible when credit counseling completed after petition filed. Although completed on the same day as the petition filing, the debtor did not complete the required credit counseling before filing. Discussing the split of authority on the meaning of “date of filing” in § 109(h)(1), as well as the status of a “debtor” under that statute, the court concluded that “[i]f a person must qualify as a ‘debtor’ to file a case, then someone who has not yet received a credit counseling briefing—and so may not . . .

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