Marcus E L Wilbanks

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
MARCUS E. L. WILBANKS, JR.,
Debtor.
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Case No. 10-00653
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DENYING REQUEST FOR
TEMPORARY WAIVER OF THE PREPETITION CREDIT COUNSELING
REQUIREMENT AND TO SHOW CAUSE WHY CASE OUGHT NOT BE DISMISSED
On his Exhibit D to the voluntary petition, the debtor
checked the box requesting a temporary waiver of the prepetition
credit counseling requirement based upon exigent circumstances.
In describing the exigent circumstances that merit a temporary
waiver, the debtor states “immediated [sic] foreclosure sale of
my home, will take class expeditiously.” 	The debtor’s
representation suggests that the debtor did not attempt to obtain
counseling prepetition, as required to qualify for waiver, but
instead filed the petition with the intent of expeditiously
seeking counseling postpetition. 	For reasons explained in more
detail below, the court will deny the debtor’s request for a
temporary waiver of the prepetition credit counseling requirement
The document below is hereby signed.
Signed: July 11, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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of 11 U.S.C. § 109(h).
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 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 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 describe any prepetition request for credit counseling
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services from an approved non-profit budget and credit counseling
agency, and he has likewise failed to explain why he was unable
to obtain the necessary services within seven days of making such
a request. 	It thus appearing that the debtor is ineligible for
waiver, it is
ORDERED that the debtor’s request for a temporary waiver of
the prepetition credit counseling requirement of 11 U.S.C.
§ 109(h) based upon exigent circumstances is DENIED. 	It is
further
ORDERED that within 7 days after entry of this order, the
debtor shall either file a valid prepetition credit counseling
certificate or show cause, by a writing filed with this court,
why this case ought not be dismissed based upon the debtor’s
ineligibility to be a debtor pursuant to 11 U.S.C. § 109(h).
[Signed and dated above.]
Copies to: Debtor; Chapter 13 Trustee.
3	O:\TEEL\LSO\ORDERS\109(h)\Order_deny exigent circumstances waiver_Wilbanks.wpd
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