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Post by Sapphire Capital on Jan 22, 2009 22:20:52 GMT 4
From Debtor's Prison to Prison Debtors: Credit Counseling for the Incarcerated Laura B. Bartell Wayne State University Law School November 19, 2008 Bankruptcy Developments Journal, Vol. 24, No. 1, 2008 Wayne State University Law School Research Paper No. 08-40 Abstract: In this article I examine the new requirements for pre-filing credit counseling and post-filing personal financial management courses. I describe how those provisions have been applied to debtors who were incarcerated at the time of their bankruptcy case. Finally, I suggest that courts retain discretion to interpret the provisions, and even to waive them, by declining to dismiss a case in which the debtor was unable to comply with the new provisions. One situation in which courts should do so is when that action is necessary to ensure that inmates retain the protection of the Bankruptcy Code. papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1304237_code745030.pdf?abstractid=1304237&mirid=5
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