In re: MAXINE ROSE EDWARDS, Chapter 7, Debtor.

Case No. 11-43646.United States Bankruptcy Court, E.D. Michigan, Southern Division.
March 7, 2011

THOMAS TUCKER, Bankruptcy Judge

On February 14, 2011, Debtor filed a voluntary petition for relief under Chapter 7, commencing this case. On February 16, 2011, Debtor filed a “Certificate of Counseling” (Docket # 5), which states that on February 16, 2011, 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 provision 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 only received credit counseling after filing the bankruptcy petition. With exceptions not applicable here, 11 U.S.C. § 109(h)(1) requires a debtor to obtain credit counseling before filing a bankruptcy petition.


IT IS ORDERED that this case is dismissed.

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Signed on March 04, 2011