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IN RE MENDEZ

BAP No. EC-06-1267-DMoPa. Bankruptcy No. 05-62634.

367 B.R. 109 (2007)

In re Elizabeth Rodriguez MENDEZ, Debtor. Elizabeth Rodriguez Mendez, Appellant, v. James E. Salven, Chapter 7, Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed March 28, 2007.

Attorney(s) appearing for the Case

Russell M. Koch, Esq., Visalia, CA, for Appellant.

Beth Maxwell Stratton, Esq., Fresno, CA, for Trustee, Appellee.

Before: DUNN, MONTALI, and PAPPAS, Bankruptcy Judges.

OPINION

DUNN, Bankruptcy Judge.

One of the principal areas of concern among members of the bench, the bar and the public under the recently enacted Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") is the requirement that individuals contemplating bankruptcy obtain credit counseling before they file their bankruptcy petitions. More specific is the question of whether failure to do so leaves the court without jurisdiction over the...

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