Joseph A. Plazzo

2:09-bk-15568PaebSep 1, 2009

Full text

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF PENNSYLVANIA
IN RE: JOSEPH PLAZZO : Chapter 13
:
:
Debtor(s) : Bky. No. 09-15568 ELF
O R D E R
AND NOW, WHEREAS 11 U.S.C. §109(h)(1) requires that an individual may not be a
debtor in a bankruptcy case unless, within the 180 day period before the filing of the bankruptcy
petition, the individual has received an individual or group briefing from an approved nonprofit
budget and credit counseling agency as described in 11 U.S.C. §111(a),
AND, 11 U.S.C. §109(h)(3) provides that a debtor may be exempted temporarily from the
requirements of 11 U.S.C. §109(h)(1) for a thirty (30) day period after the filing of the petition if
the debtor submits a Certification which satisfies the requirements of 11 U.S.C. §109(h)(3)(A)(i),
(ii) and (iii),
AND, 11 U.S.C. §109(h)(4) provides that, after a notice and hearing, the court may
determine that the requirements of 11 U.S.C. §109(h)(1) shall not apply to a debtor because of
incapacity, disability, or active military duty in a military combat zone,
AND, it appears that the Debtor(s) filed the bankruptcy petition in this case without
receiving a prepetition credit briefing as required by 11 U.S.C. §109(h)(1) and has not filed a
Certification which satisfies the requirements of 11 U.S.C. §109(h)(3)(A)(i), (ii) and (iii) and has
not made a request for a determination under 11 U.S.C. §109(h)(4),
It is hereby ORDERED that the above captioned bankruptcy case is DISMISSED.
Date: September 1, 2009
ERIC L. FRANK
U.S. BANKRUPTCY JUDGE
cc: Joseph Plazzo
129 East Hillendale Road
Kennett Square, PA 19348
Case 09-15568-elf Doc 38 Filed 09/01/09 Entered 09/01/09 16:55:29 Desc Main
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