Legal Opinion

Miller v. Advantage Credit Counseling Service (In Re Miller)

United States Bankruptcy Court, W.D. Pennsylvania

Decided January 5, 2006No. 05-50127-JADPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION RELATING TO DEBTOR’S “CERTIFICATION” OF COMPLETION OF “BRIEFING” REQUIRED PURSUANT TO 11 U.S.C. §§ 109(H) AND 521(b)

JEFFERY A. DELLER, Bankruptcy Judge.

I. Introduction

The matter that is before the Court concerns the debtor’s efforts to comply with the credit counseling “briefing” provisions of the United States Bankruptcy Code as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“2005 Act”). Specifically, the issue before the Court is whether the debtor has satisfied the “certification” requirements set forth in the credit counseling briefing…

2Cases cited4 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. Field v. MansSupreme Court of the United States · 1995
  3. Branch v. SmithSupreme Court of the United States · 2003
  4. Nantucket Investors II v. California Federal Bank (In re Indian Palms Associates, Ltd.)Court of Appeals for the Third Circuit · 1995

3Cited by6 opinions

  1. Mendez v. Salven (In Re Mendez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  2. In Re TomcoUnited States Bankruptcy Court, W.D. Pennsylvania · 2006
  3. In Re AndersonBankruptcy Appellate Panel of the Sixth Circuit · 2008
  4. In Re PiontekUnited States Bankruptcy Court, W.D. Pennsylvania · 2006
  5. Guardian Elder Care at Johnstown, LLCUnited States Bankruptcy Court, W.D. Pennsylvania · 2024

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