In re Shea; Case No. 08-10014-SSM; January 7th, 2008
In this matter, the pro se debtor filed for a waiver of the pre-petition counseling requirement under 11 USC 109. The court points out that the requirement may be deferred with respect to a debtor who submits to the court a certification that (1) describes exigent circumstances that merit a waiver of the credit counseling requirement; (2) states that the debtor requested credit counseling services from an approved nonprofit budget and credit counseling agency, but was unable to obtain the services. . . during the 5-day period beginning on the date on which the debtor made that request, and (3) is satisfactory to the court. §109(h)(3)(A).
In this case, the debtor did not certify that the debtor requested and was unable to receive credit counseling from an approved agency within 5-days of the request. Therefore, the motion was denied and the case was dismissed. However, the judge pointed out that the debtor is free to refile, but if she does so within one year, she must motion the court to extend the say beyond 30 days.
