2:07-bk-15157•Paul B. Hines and Nancy J. Hines
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UNITED S TATES B ANKRUPTCY COURT FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA In re : Chapter 13 : PAUL B. HINES and : NANCY J. HINES : Bankruptcy No. 07-15157DWS : Debtors. : ORDER AND NOW, this 21st day of September 2007, Debtors having filed a voluntary petition in bankruptcy under chapter 13 on September 10, 2007; And Debtors having failed to file a certificate evidencing prepetition credit counseling, which is an eligibility requirement for bankruptcy relief pursuant to 11 U.S.C. § 109(h)(1) (“an individual may not be a debtor . . . unless such individual has, during the 180-day period preceding the date of filing of the petition by such individual, received from an approved nonprofit budget and credit counseling agency . . . an individual or group briefing (including a briefing conducted by telephone or on the Internet) that outlined the opportunities for available credit counseling and assisted such individual in performing a related budget analysis.”). Thus, the credit counseling requirement should be met before the individual files a voluntary bankruptcy petition; And 11 U.S.C. § 109(h)(3)(A) permitting a debtor to obtain credit counseling after his/her bankruptcy case commenced, but only in very limited circumstances, i.e., a debtor must certify: (1) that he/she sought credit counseling prior to the filing of the petition; Case 07-15157-dws Doc 8 Filed 09/21/07 Entered 09/21/07 11:56:41 Desc Main Document Page 1 of 2
1 Debtors also failed to file with the Petition Exhibit D - Statement of Compliance with Credit Counseling Requirement, under which a debtor must assert one of several options, including: (1) prepetition counseling was obtained and the certificate is attached; (2) prepetition counseling was obtained but debtor has not yet received the certificate, in which case debtor is allowed 15-days from the petition date to file the certificate; or (3) exigent circumstances existed pursuant to 11 U.S.C. § 109(h)(3)(A). -2- (2) such counseling was not available within five days beginning from the date the debtor made the request; and (3) the debtor needed to file his/her petition for valid, emergency reasons and thus could not wait for such counseling to take place; And Debtors having failed to file a certification asserting exigent circumstances, but instead filed a Motion to Extend Time to File Certificate of Counseling (the “Motion”) that indicates Debtors have been unable to schedule credit counseling due to their employment commitments, which is not a basis for waiver under § 109(h)(3)(A); 1 It is hereby ORDERED that Debtors’ case shall be and hereby is DISMISSED for failure to comply with § 109(h). FURTHER ORDERED that the Motion is DENIED as moot. DIANE WEISS SIGMUND Chief U.S. Bankruptcy Judge Case 07-15157-dws Doc 8 Filed 09/21/07 Entered 09/21/07 11:56:41 Desc Main Document Page 2 of 2
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