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
