Lucy Marie Mondragon

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
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06/10/06
Lucy Marie Mondragon
06-10219
Order Denying [2-1] Determination Request .
Received on: 2006-03-27 14:11:11.000
2006-03-27 00:00:00.000
2006-03-27 00:00:00.000
Patti Hennessy
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UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
In re: LUCY MARIE MONDRAGON, No. 7-06-10219 MR
Debtor.
ORDER DENYING DEBTOR'S REQUEST FOR DETERMINATION THAT
DEBTOR IS UNABLE TO COMPLETE REQUIREMENTS FOR BUDGET AND
CREDIT COUNSELING
THIS MATTER is before the Court on the Debtor's Request for Determination that Debtor is
Unable to Complete Requirements for Budget and Credit Counseling ("Request"). The Court held a
final hearing on the Request on March 20, 2006 an took the matter under advisement. Debtor
requests that the Court determine that she is unable to complete the requirements for budget and credit
counseling mandated by 11 U.S.C. § 109(h) because she is unable to pay for a budget and credit
counseling course. The Court finds that the exceptions outlined in 11 U.S.C. § 109(h)(4) do not
include an inability to pay. Section 109(h)(4) provides:
The requirements of paragraph (1) shall not apply with respect to a debtor whom the court
determines, after notice and a hearing, is unable to complete those requirements because of
incapacity, disability, or active military duty in a military combat zone. For the purposes of this
paragraph, incapacity means that the debtor is impaired by reason of mental illness or mental
deficiency so that he is incapable of realizing and making rational decisions with respect to his
financial responsibilities; and "disability" means that the debtor is so physically impaired as to be
unable, after reasonable effort, to participate in an in person, telephone, or Internet briefing
required under paragraph (1).
11 U.S.C. § 109(h)(4).
This section defines "incapacity" and "disability" for purposes of that section, and inability to pay does
not fall within the defined parameters for an exemption from completing the budget and credit
counseling course required under 11 U.S.C. § 109(h)(1). However, of the credit and counseling
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1Alliance Credit Counseling, acc.consumerbkcenter.com, 1-888-594-9596 is approved by the
Office of the United States Trustee, will conduct budget and credit counseling sessions by telephone,
and states on its website that it will consider reducing or waiving the fee for such service. Consumer
Credit Counseling Service of San Francisco, www.cccssf.org, 1-800-777-7526, which conducts an
on-line self-study program, followed by a telephone counseling session also states in its website that it
will consider waiving the fee in certain limited circumstances.
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services approved by the Office of the United States Trustee, at least one of the budget and credit
counseling services states on its website that it will reduce or waive its pre-petition budget and credit
counseling fees for a debtor whose household income is less than 150% of the estimated poverty
threshold for their applicable family size as published by the Bureau of the Census, and is unable to pay
the fee based on the debtor's budget analysis.1 Based on the Debtor's statements and schedules filed
in this bankruptcy proceeding, the Debtor appears to fall within these parameters.
WHEREFORE, IT IS HEREBY ORDERED that the Debtor's Request for Determination that
Debtor is Unable to Complete Requirements for Budget and Credit Counseling is DENIED.
Debtor must complete budget and credit counseling as required under 11 U.S.C. § 109(h)(1), and file
with the Court a certification of completion of pre-petition budget and credit counseling within 20 days
of the date of entry of this Order. Failure to complete a budget and credit counseling course and file
with the Court a certification of completion of budget and credit counseling course will result in
dismissal of the Debtor's bankruptcy proceeding without further notice.
____________________________________________
MARK B. McFEELEY
United States Bankruptcy Judge
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I certify that on the date shown on the attached
document verification, a true and correct copy of
the foregoing was either electronically transmitted,
faxed, delivered or mailed to the listed counsel
and/or parties.
Lucy Mondragon
900 Cypress Street
Clovis, NM 88101
Linda S. Bloom
Chapter 7 Trustee
P.O. Box 218
Albuquerque, NM 87103
Office of the United States Trustee
PO Box 608
Albuquerque, NM 87103
________________________________
Patti G. Hennessy
Law Clerk
(505) 348-2525
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