January 17, 2006: Debtors seeking exemption from credit counseling requirement demonstrated "exigent circumstances."
Debtors demonstrated "exigent circumstances," as required to obtain a temporary exemption from the Bankruptcy Code's prepetition credit counseling requirement, by asserting the occurrence of a supervening event that precipitated the emergent need to file a bankruptcy petition. The imminent sale of the debtors' property at foreclosure and the assertion by one debtor of his imminent eviction from his residence constituted "exigent circumstances." The standard for exigent circumstances is minimal, requiring only that the debtor state the existence of some looming event that renders prepetition credit counseling to be infeasible.
Debtors demonstrated "exigent circumstances," as required to obtain a temporary exemption from the Bankruptcy Code's prepetition credit counseling requirement, by asserting the occurrence of a supervening event that precipitated the emergent need to file a bankruptcy petition. The imminent sale of the debtors' property at foreclosure and the assertion by one debtor of his imminent eviction from his residence constituted "exigent circumstances." The standard for exigent circumstances is minimal, requiring only that the debtor state the existence of some looming event that renders prepetition credit counseling to be infeasible.
