Waiver of Consumer Counseling - Ch. 7

[backoff_barbie]

What is the name of your state? Oregon

Background: I am assiting my mother in a Ch. 7 BR filing, however, all of her dept is 98% medical. She doesn't own any credit cards, home, or nice car. She hasn't abused her finances, she's just got surmountable hospital bills that are devistating her, i.e., judgments, collections, garnsihments. There is no out but bankruptcy.

Question: Is there any way she can waive the required consumer counsling certification? She didn't do anything wrong but get sick without medical insurance coverage, which she now has thank god!!!

[AttorneyOney]

Originally Posted by backoff_barbie

Question: Is there any way she can waive the required consumer counsling certification?

The only grounds for a waiver are the ones stated in section 109(h)(4). Even though the counseling will do no good at all, she will probably still have to at least attempt to sit through an internet or telephone session with one of the agencies approved by the US trustee.

[Ladynred]

She didn't do anything wrong but get sick without medical insurance coverage

Yes, you can thank the boneheads in D.C. for that -- they don't believe that more than 50% of all BK's are due to medical bills as the studies show. They'd rather believe that everyone with huge debt is a financial nincompoop who abuses credit cards and lives beyond their means !!

She should be able to tolerate a phone session, its possible that it may end sooner than the required time because it sounds pretty clear that she's not mishandled her finances - only had the misfortune of getting older and getting sick !