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Incarceration is Not Considered a Disability in Bankruptcy

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Background:

 
  • Husband and wife filed a Chapter 7 bankruptcy petition
  • Wife filed a Certificate of Credit Counseling
  • Petition stated that Husband was not required to receive credit counseling due to a physical disability.
  • Bankruptcy Court filed an Order to Show Cause.
  • Husband filed an Exemption from Creditor Counseling with a supporting brief.
  • In his brief, the husband stated that he is being physically held by law enforcement and that facility’s policies and procedures render him disabled.

Court Ruling:

  • Court has little or no authority to waive compliance.
  • Incarceration is not a physical disability.

Credit Counseling is required Before You File Bankruptcy and After You File  – no exceptions.

Always consult a Board Certified Bankruptcy Attorney Before you File Bankruptcy