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IN RE MOORE

Nos. 06-50573, 06-50794.

359 B.R. 665 (2006)

In re John Paul MOORE, Debtor. and In re Cindy Michelle Seabolt, Debtor.

United States Bankruptcy Court, E.D. Tennessee.

December 14, 2006.

Attorney(s) appearing for the Case

T. Wood Smith, Esq., Greeneville, TN, Counsel for Debtor.

Cindy Michelle Seabolt, Church Hill, TN, Pro Se.

Gwendolyn M. Kerney, Esq., Knoxville, TN, Chapter 13 Trustee.

Patricia C. Foster, Esq., Howard H. Baker, Jr. U.S. Courthouse, Knoxville, TN, Counsel for the United States Trustee.

MEMORANDUM

MARCIA PHILLIPS PARSONS, Bankruptcy Judge.

These chapter 13 and chapter 7 cases are before the court on motions to dismiss pursuant to 11 U.S.C. § 109(h)(1) by the chapter 13 trustee and the United States trustee, respectively. Both cases present the issue of whether 11 U.S.C. § 109(h)(1) requires a debtor to receive a credit counseling briefing at least one day before filing a bankruptcy petition or simply prior to the moment...

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