Case No. 05-18665.United States Bankruptcy Court, N.D. Indiana, Fort Wayne Division.
December 22, 2005
DECISION AND ORDER
ROBERT GRANT, Bankruptcy Judge
By the court’s order of December 2, 2005, 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 December 19, 2005, the debtor filed a response to the court’s order. This response is, unfortunately, 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, while it states that the debtor requested credit counseling prior to the filing of the petition, it does not indicate when the debtor first sought that counseling, from whom, or that the debtor was unable to obtain it within five days of the request. 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.
Page 1