Case No. 08-69487.United States Bankruptcy Court, E.D. Michigan, Southern Division.
January 8, 2009
ORDER DISMISSING CASE
THOMAS TUCKER, Bankruptcy Judge
On December 2, 2008, Debtor filed a voluntary petition for relief under Chapter 13, initiating this case. On December 12, 2008, Debtor filed a “Certificate of Counseling” (Docket # 28), which states that on December 19, 2007, 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 his petition. Debtor received credit counseling 348 days before his petition was filed.
Accordingly,
IT IS ORDERED that this case is DISMISSED.