Case No. 10-42245.United States Bankruptcy Court, E.D. Michigan, Southern Division.
January 29, 2010
ORDER DISMISSING CASE
THOMAS TUCKER, Bankruptcy Judge
On January 28, 2010, Debtor filed a voluntary petition for relief under Chapter 7, and a “Certificate of Counseling” (Docket # 5), which states that on August 15, 2008, Debtor received “an individual [or group] briefing that complied with the provisions of 11 U.S.C. §§ 109(h) and 111.”
Debtor is not eligible to be a debtor in this case under 11 U.S.C. § 109(h)(1). That section provides in relevant part, that
an individual may not be a debtor under this title unless such individual has, during the 180-day period preceding the date of filing the petition by such individual, received from an approved nonprofit budget and credit counseling agency described in section 111(a) 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.
Debtor did not receive credit counseling during the 180-day period preceding the date of the filing of her petition. Debtor received credit counseling some 531 days before her petition was filed. Accordingly,
IT IS ORDERED that this case is DISMISSED.