IN RE: NATHANIEL F. MOORE, pro se, Chapter 13, Debtor.

Case No. 08-40434.United States Bankruptcy Court, E.D. Michigan, Southern Division.
February 4, 2008

THOMAS TUCKER, Bankruptcy Judge

This case comes before the Court on a letter from Debtor, filed on January 30, 2008 (Docket # 22), which this Court construes as a motion for reconsideration of the January 25, 2008 Order dismissing this case (Docket # 20).

The Court has reviewed and considered the motion for reconsideration, and finds that the motion fails to demonstrate a palpable defect by which the Court and the parties have been misled, and that a different disposition of the case must result from a correction thereof. See Local Rule 9024-1(c).

In addition, the Court notes the following: Debtor is not eligible to be a debtor in the 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.

(italics added). Debtor did not receive credit counseling during the 180-day period preceding the date of the filing of his petition. Rather, the only credit counseling certificate that Debtor filed in this case, which was filed on January 30, 2008 (Docket # 26), states that Debtor received a credit

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counseling briefing on May 15, 2007. That is more than 180 days before the filing of this case, on January 8, 2008.


IT IS ORDERED that Debtor’s motion for reconsideration (Docket # 22) is DENIED.