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IN RE FRANCISCO

BAP No. NM-08-019. Bankruptcy No. 07-12810-s13.

390 B.R. 700 (2008)

In re Charlene A. FRANCISCO, Debtor. Charlene A. Francisco, Appellant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

Filed July 2, 2008.

Attorney(s) appearing for the Case

Submitted on the briefs:* Gerald R. Velarde, Albuquerque, New Mexico, for Appellant.

Before BOHANON, CORNISH, and THURMAN, Bankruptcy Judges.

THURMAN, Bankruptcy Judge.

Charlene Francisco ("Debtor") appeals the dismissal of her Chapter 13 petition.1 Her appeal presents an issue of first impression to this Court under the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") of 2005, which is whether 11 U.S.C. § 109(h)(1)2 is satisfied when an individual debtor obtains the required credit counseling on the same day, but prior to...

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