Malik Karim Lomax

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
MALIK KARIM LOMAX,
Debtor.
)
)
)
)
)
)
Case No. 10-00057
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DENYING
REQUEST FOR EXIGENT CIRCUMSTANCES WAIVER
AND TO SHOW CAUSE WHY CASE OUGHT NOT BE DISMISSED
On Exhibit D to the voluntary petition, the debtor has
requested a temporary waiver of the credit counseling requirement
of 11 U.S.C. § 109(h) based upon exigent circumstances. 	In the
space provided, the debtor explains that
[T]he agency will not be able to do my credit
counseling today but I need to file bankruptcy
immediately as I was contacted by my automobile
financing company and was told that they were going to
either report my car stolen or repossess my vehicle.
So, I am filing the petition but should have the credit
counseling done within 5 days.
For reasons explained in more detail below, the court will deny
the debtor’s request for waiver.
Section 109(h) of 11 U.S.C. provides that all individuals
filing for bankruptcy must obtain an individual or group briefing
The order below is hereby signed.
Signed: January 31, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 10-00057 Doc 14 Filed 02/01/10 Entered 02/01/10 10:46:24 Desc Main
Document Page 1 of 3

2
that outlines the opportunities for available credit counseling
and assists the individual in performing a related budget
analysis from an approved non-profit budget and credit counseling
agency during the 180-day period preceding the date of the filing
of the individual’s petition. 	11 U.S.C. § 109(h)(1).
Pursuant to 11 U.S.C. § 109(h)(3)(A), the court can waive
this requirement temporarily if (i) the debtor certifies that
there are exigent circumstances that merit a waiver of the credit
counseling requirement, (ii) the debtor certifies that he
requested credit counseling services from an approved non-profit
budget and credit counseling agency before he filed his petition,
but was unable to obtain the necessary services within seven days
of the request, and (iii) the court finds good cause to grant the
waiver. 	This exemption applies only for the first thirty days
following the filing of the debtor’s petition, although the court
may grant a fifteen day extension of the exemption for cause. 	11
U.S.C. § 109(h)(3)(B).
Although the imminent repossession of the debtor’s vehicle
may constitute an exigent circumstance within the meaning of 11
U.S.C. § 109(h)(3)(A)(i), the debtor has failed adequately to
certify that he requested credit counseling services from an
approved non-profit budget and credit counseling agency
prepetition, but was unable to obtain the necessary services
within seven days of the request. 	The debtor indicates that “the
Case 10-00057 Doc 14 Filed 02/01/10 Entered 02/01/10 10:46:24 Desc Main
Document Page 2 of 3

3	O:\TEEL\Laura\ORDERS\109(h)\Order_deny exigent circumstnaces waiver_no demonstration that counseling not available during 7 days prepetition_Lomax.wpd
agency” could not provide the requisite credit counseling
“today,” and that the debtor “should have the counseling done
within 5 days.” 	Even if the court assumes that the agency
referred to by the debtor was an approved non-profit budget and
credit counseling agency within the meaning of § 109(h), the
debtor’s certification reflects the debtor’s belief that he would
complete the requisite counseling within 5 days of having made
the request. 	It follows that the debtor has failed to certify
that he was unable to obtain the requisite credit counseling
within 7 days of making the prepetition request, as required to
qualify for an exigent circumstances waiver. 	It is thus
ORDERED that the debtor’s request for a temporary waiver of
the credit counseling requirement of 11 U.S.C. § 109(h) is
DENIED. 	It is further
ORDERED that within 7 days after entry of this order, the
debtor shall show cause, by a writing filed with the court, why
this case ought not be dismissed based upon the debtor’s
ineligibility to be a debtor pursuant to § 109(h).
[Signed and dated above.]
Copies to:
Debtor; Chapter 7 Trustee; Office of United States Trustee.
Case 10-00057 Doc 14 Filed 02/01/10 Entered 02/01/10 10:46:24 Desc Main
Document Page 3 of 3