Alhambra Bankruptcy Attorney

Bankruptcy | Case Law | Credit Counseling

CREDIT COUNSELING--SECTION 109(h)

Warren v. Wirum, 378 B.R. 640 (N.D. Cal. 2007)

1) Because credit counseling under § 109(h) is not jurisdictional, the debtor was judicially

estopped from dismissing his case for failing to obtain it, citing In re Mendz, 367 B.R. 107 (9th

Cir. BAP 2007); 2) unless the debtor asks to be excused from filing payment advices or the

trustee moves the court to decline from dismissing, the case is automatically dismissed, and the

court may not retroactively waive the debtor’s obligation to file payment advices.

In re Mendez, 367 B.R. 109 (9th Cir. BAP 2007)

Pre-bankruptcy credit counseling is not a jurisdictional prerequisite, but an eligibility

requirement subject to waiver and estoppel. Debtor waived strict compliance with credit

counseling requirements, and could not use noncompliance offensively to obtain dismissal of her

bankruptcy case.