In re: NARVIN TOOSON, Chapter 7, Debtor.

Case No. 11-42021.United States Bankruptcy Court, E.D. Michigan, Southern Division.
July 20, 2011

THOMAS TUCKER, Bankruptcy Judge

On January 27, 2011, Debtor filed a voluntary petition for relief under Chapter 7, initiating this case (Docket # 1), and Official Form B 1D (12/09) entitled “Exhibit D — Individual Debtor’s Statement of Compliance with Credit Counseling Requirement” (Docket # 3). Debtor checked the fourth box on the form, which states:

“I am not required to receive a credit counseling briefing because of: [check the applicable statement.] [Must be accompanied by a motion for determination by the court.]
Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial responsibilities.

However, Debtor did not file the motion required under LBR 1007-6(c) (E.D. Mich.) seeking relief under 11 U.S.C. § 109(h)(4).[1]

Almost three months later, on April 6, 2011, Debtor filed the required motion, but the motion did not comply with LBR 9014-1.[2]
On July 6, 2011, the Clerk of the Court filed a Notice

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of Deficient Filing regarding the motion, stating that the motion was defective because it did not include a notice to respondent, a proof of service or a proposed order. (See Docket # 15.) The deficiency notice also stated:

A corrected/missing document is required within seven (7) days of this notice. If not corrected, the case may be dismissed or an order striking the document from the record may be entered by the Court. The new document filed should be identified as “CORRECTED”.

Debtor did not comply with the deficiency notice by the deadline, nor has Debtor has filed a Certificate of Counseling or properly satisfied the requirements of 11 U.S.C. § 109(h)(4).


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IT IS ORDERED that this bankruptcy case is dismissed.

Signed on July 18, 2011

[1] LBR 1007-6(c) (E.D. Mich.) provides: “(c) Motion to Excuse Credit Counseling. A motion seeking relief under § 109(h)(4) shall be filed under Local Rule 9014-1.”
[2] Rule 9014-1 Motion Procedure Generally

(a) Motion Required. Unless permitted otherwise by applicable rule, a party seeking relief shall file a motion. This rule also applies to a fee application under Local Rule 2016-1(a) or (b). For purposes of this rule, an objection to a claim of exemption shall be deemed to be a motion.
(b) Attachments. The moving party shall attach the following to the motion:
(1) A copy of the proposed order, labeled as Exhibit 1.
(2) A completed form “Notice of Motion and Opportunity to Object,” available on the court’s website, labeled as Exhibit 2, stating that: the deadline to file an objection to the motion is within 14 days (21 days for matters covered by F.R.Bankr.P. 2002(a)) after service; objections shall comply with F.R.Civ.P. 8(b), (c) and (e); and if an objection is not timely filed, the court may grant the motion without a hearing.
(3) A brief, when required under paragraph (e), labeled as Exhibit 3.
(4) A certificate of service showing service on those parties entitled to service under ECF Procedure 12(b), labeled as Exhibit 4.
(5) Affidavits, labeled as Exhibit 5.
(6) Documentary exhibits, labeled as Exhibit 6.