The revised bankruptcy code's provision for mandatory credit-counseling classes prior to a Chapter 7 petition does not apply in the case of involuntary proceedings, a bankruptcy judge has ruled. Calling the issue one of first impression, U.S. Bankruptcy Judge Novalyn Winfield in Newark, N.J., has denied a motion to dismiss a petition by three creditors of former Livingston, N.J., lawyer Edward Fagan -- one of them a former client -- who hold more than $5 million in judgments.
August 24, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The revised bankruptcy code’s provision for mandatory credit-counseling classes prior to a Chapter 7 petition does not apply in the case of involuntary proceedings, a bankruptcy judge has ruled.
Calling the issue one of first impression, U.S. Bankruptcy Judge Novalyn Winfield in Newark last Monday denied a motion to dismiss a petition by three creditors of former Livingston lawyer Edward Fagan — one of them a former client — who hold more than $5 million in judgments.
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