Maurice Nock

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF PENNSYLVANIA
IN RE: MAURICE NOCK : Chapter 13
Debtor(s) : Bky. No. 09-18474 ELF
O R D E R
AND NOW, WHEREAS:
A. 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) (“the Credit Counseling
Requirement”);
B. Fed. R. Bankr. P. 1007(b)(3) and Exhibit D to Official Form No. 1 (which must be filed with
an individual debtor’s bankruptcy petition) require that a debtor also file either
(i) a Prepetition Credit Counseling Certificate,
(ii) a statement that such credit counseling was received but the Certificate is not yet
available,
(iii) a Certification of Exigent Circumstances under 109(h)(3), or
(iv) a Statement under 109(h)(4) that the Debtor is not required to receive prepetition
credit counseling,
C. In this case, the Debtor(s) filed a statement that such credit counseling was received and that
the Debtor(s) possessed a copy of the Credit Counseling Certificate.
D. The Credit Counseling Certificate subsequently filed by the Debtor(s) states, on its face that,
contrary to the Debtor(s)’ earlier statement, he/she did not receive credit counseling before
filing the petition.
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It is hereby ORDERED that:
1. A hearing is scheduled on December 8, 2009, at 1:00 p.m., in Bankruptcy Courtroom No.
1, U.S. Courthouse, 900 Market Street, 2d Floor, Philadelphia, PA 19107.
2. At the hearing, the court will consider whether this case should be dismissed for failure to
comply 11 U.S.C. §109(h).
Date: November 24, 2009
ERIC L. FRANK
U.S. BANKRUPTCY JUDGE
cc: Maurice Nock
372 Rosalie Street
Philadelphia, PA 19120
Case 09-18474-elf Doc 19 Filed 11/24/09 Entered 11/24/09 13:16:57 Desc Main
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