Case No. 06-10071.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
February 15, 2006
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
By the court’s order of January 30, 2006, the debtor was directed to file a certification which fully complied with the requirements of § 109(h) and demonstrated eligibility for relief under Title 11. The failure to do so was to result in dismissal without further notice or hearing. On February 13, 2006, the debtor filed a response to the court’s order. Unfortunately, this response is not sufficient or “satisfactory to the court.” It fails to describe exigent circumstances which necessitated the immediate filing of the bankruptcy petition without waiting for the completion of credit counseling, and it fails to demonstrate that the “the debtor requested credit counseling . . . but was unable to obtain [it]” within five days. 11 U.S.C. § 109(h)(3)(A)(i), (ii).
The debtor has not fulfilled the requirements of § 109(h) and is not eligible for relief under the United States Bankruptcy Code. This case is therefore dismissed without prejudice.
SO ORDERED.
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