Credit counseling– Completion on petition date:

As part of the Bankruptcy Technical Corrections Act of 2010, Bankruptcy Code §109(h)(1) was amended so that it now requires credit counseling “during the 180-day period ending on the date of filing of the petition.” Unfortunately, the drafters may have inadvertently created a new controversy; Collier on Bankruptcy suggests that the amended language of §109(h)(1) arguable opens the door to allow the credit counseling to be obtained at any time on the date of filing the petition, including after the petition is filed with the court. While the court agreed that an ambiguity remained in the language of the statute, the court adopted a rule that the credit counseling requirement must be met prior to the moment of filing the petition. Thus, here, the debtor failed to comply with §109(h)(1), where she filed her bankruptcy petition at 8:02 p.m., and she also filed a Certificate of Counseling indicating that she had received a briefing from an approved credit counseling agency at 9:09 p.m. of the same day. In re Lane, 2012 WL 1865448.

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