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IN RE HESS

Nos. 06-10068, 06-10026.

347 B.R. 489 (2006)

In re Michael R. HESS, Debtor. In re Danielle Madore f/k/a Danielle Jones, Debtor.

United States Bankruptcy Court, D. Vermont.

August 14, 2006.

Attorney(s) appearing for the Case

John Darcy Toscano, Esq., Bennington, VT, Margot L. Stone, Esq., Harris & Stone, P.C., Brattleboro, VT, for Debtors.

Kevin Purcell, Esq., Office of the U.S. Trustee, Albany, NY, for U.S. Trustee.

MEMORANDUM OF DECISION

COLLEEN A. BROWN, Bankruptcy Judge.

WITHDRAWING ORDERS TO SHOW CAUSE AND DENYING MOTION TO DISMISS

The above referenced debtors each filed a bankruptcy petition without the required proof of pre-petition credit counseling. The plain language of the Bankruptcy Code's new eligibility provisions appears to mandate dismissal of the cases. However, there are extraordinary circumstances present that beg the question...

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