Case No. 10-70577.United States Bankruptcy Court, E.D. Michigan, Southern Division.
October 25, 2010
ORDER DISMISSING CASE
THOMAS TUCKER, Bankruptcy Judge
On October 13, 2010, the Court entered an order entitled “Order Regarding Apparent Improper Joinder of Debtors” (Docket # 11). That order provided, in relevant part, that
no later than 7 days after the filing of this Order, Debtor must serve on all creditors: (1) a copy of this Order; (2) a copy of the Amended Bankruptcy Petition Cover Sheet; (3) a copy of the amended petition; and (4) a notice stating that the only debtor in this case is the individual. Debtor then must file a proof of such service, no later than 7 days after the filing of this Order.
If Debtor does not timely comply with all of the above requirements, the Court may dismiss this case, without further notice or hearing.
Debtor did not comply with the requirement in the Court’s October 13, 2010 Order, that he file a proof of service “no later than 7 days after the filing of this Order” (i.e., no later than October 20, 2010). To date, Debtor has not filed the required proof of service.
In addition, the Court notes the following. 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.
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On October 1, 2010, Debtor filed a voluntary petition for relief under Chapter 7. On October 22, 2010, Debtor filed a “Certificate of Counseling” (contained in the documents filed at Docket # 22), which states that on October 22, 2010, Debtor received “an individual [or group] briefing that complied with the provisions of 11 U.S.C. §§ 109(h) and 111.” 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 the credit counseling briefing before
filing a bankruptcy petition.
Accordingly, for these reasons,
IT IS ORDERED that this case is DISMISSED.
Signed on October 25, 2010