Diane Pine

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
DIANE PINE, No. 08-11999
Debtor(s).
______________________________________/
Memorandum re Eligibilty
_________________
Pursuant to § 109(h)(1) of the Bankruptcy Code, a person is not eligible to be a debtor unless he or
she completed credit counseling within 180 days before the filing. The only exceptions are contained in §
109(h)(4), among them being mental illness such that the debtor is “incapable of realizing and making rational
decisions with respect to financial responsibilities.”
In this case, the debtor says that she is suffering from a bipolar disorder. She has no medical evidence
that her disability makes her incapable of making rational decisions with respect to her financial
responsibilities, nor any evidence of her condition at all beyond papers showing she was hospitalized in 1991.
The debtor having failed to produce current evidence, and appearing to the court to be lucid and rational and
capable of making rational decisions with respect to her financial responsibilities notwithstanding her condition,
her application to be excused from the requirements of § 109(h)(1) must be denied.
Dated: October 3, 2008
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Entered on Docket
October 03, 2008
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 08-11999 Doc# 12 Filed: 10/03/08 Entered: 10/03/08 11:36:08 Page 1 of 2

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CERTIFICATE OF MAILING
The undersigned deputy clerk of the United States Bankruptcy Court for the Northern District of
California hereby certifies that a copy of the attached document was mailed to all parties listed below
as required by the Bankruptcy Code and Rules of Bankruptcy Procedure.
Dated: Oct 3, 2008
Diane Pine
422 Klute St.
Apt. 3
Santa Rosa, CA 95401
Case: 08-11999 Doc# 12 Filed: 10/03/08 Entered: 10/03/08 11:36:08 Page 2 of 2