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Incarceration Does'nt Waive Prepetition Bankruptcy Requirement

Posted By admin || 29-Jan-2009

In the bankruptcy case of Anderson, Ronald an incarcerated debtor who filed for bankruptcy, the bankruptcy court dismissed the debtor's bankruptcy case because he failed to obtain and deliver to the court the pre-petition credit counseling certificate required by bankruptcy law. The debtor claimed that he was unable to meet the credit counseling requirements because of his incarceration.

Here's an excerpt from the case:

The debtor argued that his incarceration was like being disabled because he was physically unable to attend credit counseling, was denied access to the Internet, and prohibited from making toll-free telephone calls. The panel agreed with the bankruptcy court that incarceration does not amount to a disability. The panel noted that the court gave the debtor an opportunity to obtain the certificate postpetition based upon his incarceration and that the prison would have allowed the debtor to make a telephone call if directed to do so by the court. That the court failed to direct the prison to do so was not an error because the debtor did not ask the court for such an order.

This is why it is so important for debtors to work with experienced bankruptcy attorneys. An experienced bankruptcy attorney would have worked with the prison administrators to insure that the debtor received the credit counseling required by the bankruptcy law. An experienced bankruptcy attorney understands the intricacies of the bankruptcy law. Bankruptcy law is not just complicated for those who are incarcerated, even ordinary debtors can and have faced dismissals of their bankruptcy cases because they failed to work with an experienced bankruptcy attorney.

Nowadays, creditors are scrutinizing bankruptcy cases closer than ever. They are desperate to get as much debt repaid as possible. With the intensifying financial crisis and the rise in bankruptcies more creditors are investing in professionals trained to destroy the bankruptcy cases of inexperienced individuals who attempt to treat bankruptcy like a Do-It-Yourself project. Don't let this happen to you, if you are considering bankruptcy, speak with a qualified Dallas-Fort Worth bankruptcy attorney today.

Categories: Bankruptcy
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