Yvette Donna Williams

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
YVETTE DONNA WILLIAMS,
Debtor.
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Case No. 10-00621
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DENYING MOTION
TO WAIVE PREPETITION CREDIT COUNSELING REQUIREMENT
The debtor commenced this case by the filing of a petition
on April 5, 2010. 	The debtor’s credit counseling certificate,
however, reflects that the debtor did not obtain credit
counseling until April 7, 2010, two days after the filing of the
petition. 	On May 20, 2010, while this case was still pending in
the District of Maryland, 1 the chapter 13 trustee filed a motion
to dismiss based upon the debtor’s failure to comply with the
prepetition credit counseling requirement of 11 U.S.C. § 109(h).
In response, the debtor filed a Motion to Waive Credit Counseling
(Dkt. No. 19). 	In her motion, the debtor contends that she filed
her petition to prevent an imminent foreclosure sale. 	She
1 	An order transferring venue to the District of Columbia
was signed by Judge Mannes on June 17, 2010.
The document below is hereby signed.
Signed: June 26, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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explains that she first tried to obtain a credit counseling
certificate on April 2, 2010, at which time she was able only to
complete the online portion of the counseling. 	The debtor was
not able to schedule an appointment with a credit counselor until
April 7, 2010, on which date she completed the necessary credit
counseling and obtained a credit counseling certificate.
Section 109(h) of 11 U.S.C. provides that all individuals
filing for bankruptcy must obtain an individual or group briefing
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 she
requested credit counseling services from an approved non-profit
budget and credit counseling agency before she filed her
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
2
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exemption for cause. 	11 U.S.C. § 109(h)(3)(B).
Although the imminent foreclosure sale described by the
debtor 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 she 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. 2 	In her motion, the debtor
concedes that she requested counseling on April 2, 2010, and was
able to complete that counseling on April 7, 2010, five days
later. 	The debtor having completed the counseling within five
days of making the request, she cannot also certify that she was
unable to obtain the necessary services within seven days of
making the request. 	It is thus
ORDERED that the debtor’s motion for a waiver of the credit
counseling requirement (Dkt. No. 19) is DENIED.
2 	The court notes that on Exhibit D to the voluntary
petition, the debtor did not provide a § 109(h)(3) certification
of exigent circumstances, but instead indicated that she had
already completed the requisite counseling and had already
received a certificate. 	The court further notes that the debtor
filed Exhibit D using an outdated form that failed to account for
the fact that, effective December 1, 2009, 11 U.S.C. § 109
(h)(3)(A)(ii) was amended by the statutory Time-Periods Technical
Amendments Act of 2009, Pub. L. 111-16, changing the 5-day period
during which the debtor must have been unable to obtain the
necessary services to a 7-day period.
3
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[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney; Chapter 13 Trustee.
4	O:\TEEL\LSO\ORDERS\109(h)\Order_deny exigent circumstances waiver_Williams.wpd
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