Case No. 05-18667.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
December 1, 2005
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
The debtor in this chapter 7 case is proceeding pro se and has filed a motion asking the court to waive the requirement of pre-petition credit counseling in one fashion or another. See, 11 U.S.C. § 109(h). The court is not certain whether she is asking the court to completely waive that requirement, as permitted by § 109(h)(4), or merely to allow her to obtain the required counseling during the 30 days after the petition, as permitted by § 109(h)(3).
To the extent the debtor may be requesting the opportunity to obtain credit counseling after the petition, her motion is insufficient. It fails to identify any “exigent circumstances” which would necessitate the immediate filing of the bankruptcy petition, rather than in the near future after the debtor has received credit counseling. 11 U.S.C. § 109(h)(3)(A)(i). Furthermore, even if the debtor had adequately described such circumstances, the motion fails to indicate that the debtor unsuccessfully attempted to obtain credit counseling prior to the petition. See, 11 U.S.C. § 109(h)(3)(A)(ii). If the debtor is requesting a complete waiver of the credit counseling requirement, her motion is also insufficient.[1]
Section 109(h)(4) allows that requirement to be
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dispensed with only if the debtor is incapable of making rational decisions with respect to their financial responsibilities, physically unable to participate in any type of credit counseling, or on active military duty in a combat zone. Debtor’s motion makes no such allegations and therefore advances absolutely no basis for waiving the requirement.
Debtor’s motion for a waiver of the credit counseling requirement of § 109(h) is DENIED. Based upon the present record, debtor is not eligible for relief under the Bankruptcy Code. Debtor shall file any amended certification, which must fully comply with all of the requirements of 11 U.S.C. § 109(h)(3)(A)(i-iii), within fourteen (14) days of this date. The failure to do so will result in the dismissal of this case without further notice or hearing.
SO ORDERED.
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