Case No. 06-11362.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
August 22, 2006
DECISION AND ORDER CONCERNING DEBTOR’S COMPLIANCE WITH § 109(h)
ROBERT GRANT, Bankruptcy Judge
As a result of the bankruptcy reforms of 2005, to be eligible for relief under Title 11 an individual must have received credit counseling from an approved agency during the 180 days prior to filing the petition, 11 U.S.C. § 109(h)(1), unless the debtor requests a temporary waiver of this requirement pursuant to 11 U.S.C. § 109(h)(3) by filing a certification, which “is satisfactory to the court,” describing “exigent circumstances” necessitating the immediate filing of a bankruptcy petition without waiting for the completion of credit counseling, and which “states that the debtor requested credit counseling . . . but was unable to obtain [it]” within five days.[1] This certification must be filed with the petition, see, Interim Bankruptcy Rule 1007(b)(3), (c), and must state the facts demonstrating both exigent circumstances and the debtor’s efforts to obtain credit counseling “with particularity.” Fed.R.Bankr.P. Rule 9013.
The debtors in this case filed their petition on August 21, 2006. Accompanying the petition were certificates demonstrating that the debtors completed credit counseling. Melissa Gentis’
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certificate states that she completed credit counseling on February 16, 2006.[2] This is more than 180 days prior to the date the case was filed. Therefore, based upon the present record, it seems that the joint debtor, Melissa Gentis, is not eligible for relief under Title 11. She shall have fourteen (14) days to comply with § 109(h) and demonstrate her eligibility for relief under Title 11 or to show cause, in writing, why this case should not be dismissed as to her. The failure to do so will result in the dismissal of this case as to the joint debtor, Melissa Gentis, without further notice or hearing.
SO ORDERED.
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