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IN RE RIOS

No. 05-55002 CGM.

336 B.R. 177 (2005)

In re Anthony J. RIOS, Debtor.

United States Bankruptcy Court, S.D. New York, Poughkeepsie Division.

December 19, 2005.

Attorney(s) appearing for the Case

Anthony J. Rios, Newburgh, NY, pro se.

MEMORANDUM DECISION STRIKING DEBTOR'S CHAPTER 7 PETITION FOR FAILURE TO COMPLY WITH 11 U.S.C. § 109(h)(1)

CECELIA G. MORRIS, Bankruptcy Judge.

The issue raised in this matter is whether a Chapter 7 debtor's failure to seek credit counseling as required by 11 U.S.C. § 109(h)(1) or seek an extension of time to obtain the necessary credit counseling as set forth in § 109(h)(3) voids the bankruptcy filing completely, or merely...

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