In re High

In re High, Case No. 05-78613, Ch 13, (Judge Preston, April 18, 2006)

Debtors failed to qualify as a “debtor” under 11 §U.S.C. 109(h) because they did not complete credit counseling.  Debtors sought to have their petition struck and declared a nullity rather than be dismissed.  The motions to strike were denied and the cases were dismissed. 
In a footnote the court implied that obtaining a credit counseling certificate could help rebut the presumption of lack of good faith and support an extension of the automatic stay.