Jessie Letchworth and Gail Letchworth

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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WILSON DIVISION
IN RE:
JESSIE LETCHWORTH and
GAIL LETCHWORTH,
Debtors. Case No. 06-00609-8-JRL
Chapter 13
______________________________________________________________________________
ORDER
This case is before the court on the debtors’ motion for exemption from credit counseling. On
March 22, 2006, the court conducted a hearing on this matter in Wilson, North Carolina.
The debtors requested the court to enter an order allowing them to be exempt from credit
counseling due to disability. At the hearing, the debtors were present without their attorney. The debtors
asserted that they had filled out the necessary forms for completing credit counseling through Hummingbird
Credit Counseling and Education, had paid $40.00 for the credit counseling fee, and had followed their
attorney’s instructions.
SO ORDERED.
SIGNED this 24 day of March, 2006.
________________________________________
J. Rich Leonard
United States Bankruptcy Judge
____________________________________________________________
Case 06-00609-8-RDD Doc 14 Filed 03/24/06 Entered 03/24/06 17:39:58 Page 1 of 2

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An individual may not be a debtor without receiving credit counseling from an approved agency
described in § 111(a) within the 180 days preceding the filing date unless one of the exceptions applies.
11 U.S.C. § 109(h)(1)-(4). To be exempted from credit counseling based on disability, the debtor must
be “so physically impaired as to be unable, after reasonable effort, to participate in an in person, telephone,
or Internet briefing required under paragraph (1).” 11 U.S.C. § 109(h)(4). The debtors, who were able
to attend the hearing, walk into the court room, and speak to the Chapter 13 trustee and to the court, do
not meet the applicable definition of disability.
Accordingly, the court denies the debtors’ motion for exemption from credit counseling.
The debtors’ attorney is directed to file the certificate that the debtors completed pre-petition credit
counseling.
“END OF DOCUMENT”
Case 06-00609-8-RDD Doc 14 Filed 03/24/06 Entered 03/24/06 17:39:58 Page 2 of 2