In re Koo, No. 12-00121, 2012 WL 692578

In re Koo, No. 12-00121, 2012 WL 692578, at *1–*2 (Bankr. D.D.C. Mar. 2, 2012) (Teel)

The eligibility condition in § 109(h) is tested at the moment of the petition: briefing on same day but hours after the petition leaves debtors ineligible for Chapter 13. Addressing the Bankruptcy Technical Corrections Act of 2010, Pub. L. No. 111-327, 124 Stat. 3557 (Dec. 22, 2010): “The statute contains no indication that the change to § 109(h)(1) was anything other than a technical amendment intended to clarify that . . . the required prepetition credit counseling could be received up until the moment of the filing of the bankruptcy petition, and need not be received prior to the calendar day on which the petition was filed. . . . [E]ligibility is generally tested as of the moment of filing of the petition. . . . The statute’s use of the past tense contemplates credit counseling obtained before the moment at which eligibility generally is tested, the moment of filing of the petition.”

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