If the attorney you've just met files a same-day petition, you must still abide by section 109(h) of the bankruptcy code. It prescribes one to obtain credit counseling "during the 180-day period preceding the date of filing." It requires 1 to 2 hours of time and can be

done online. It's unavoidable absent special or exigent circumstances. The purpose of the counseling is to analyze one's budget and determine if a viable repayment plan can be proposed outside bankruptcy. An argument arose as to the language "during the 180-day period preceding the date of filing:" can you do the counseling the date of filing? One could argue no: the date of filing does not constitute a day preceding itself. However, one can interpret date as time. And requiring one to wait a day defeats the purpose of the emergency filing provision.

The courts have been split splitting hairs. However, a relatively recent high court opinion deemed same-day counseling cool: In re Francisco, BAP No. NM-08-019. (B.A.P. 10th Cir. 7/2/2008) (B.A.P. 10th Cir., 2008). Federal courts are distributed into circuits, which encompass multiple states. In re Francisco was a 10th Circuit decision, the appellate address for Oklahoman, Kansan, New Mexican, Coloradan, Wyomingite and Utahan petitioners. Oh, and Montanan and Idahoan petitioners also appeal to the 10th if they reside within the bounds of Yellowstone Park. So, what do Californians of the 9th Circuit follow? One's own circuit's highest court has binding authority. However, absent local opinion, a different circuit's opinion is deemed persuasive authority, so you can cite its decisions.