Aug 27, 2010
Bankruptcy Action Can Be ‘Commenced’ Despite Failure to Meet Law’s Requirements, 2nd Circuit Says
A bankruptcy action can be considered “commenced” even when a debtor has failed to meet a requirement imposed by Congress that he first receive credit counseling, the 2nd U.S. Circuit Court of Appeals has ruled. Interpreting a “statutory tangle” of bankruptcy provisions, the circuit said the counseling requirement under 11 U.S.C