Kelvin Rivers and Mary T. Rivers

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
WILSON DIVISION
IN RE:
KELVIN RIVERS
MARY T. RIVERS
DEBTORS
CASE NO.
07-00375-8-JRL
ORDER DISMISSING CASE
This matter is before the court on the issue of the debtors’ completion of credit counseling more
than 180 days prior to the filing of the petition. The debtors filed a voluntary petition pursuant to chapter
13 on February 2, 2007. The debtors filed certificates of credit counseling indicating that the debtors
completed their credit counseling on June 6, 2006.
11 U.S.C. § 109(h)(1) requires that the debtor complete credit counseling “during the 180-day
period preceding the date of filing of the petition by such individual . . . .” (emphasis added). June 6, 2006
is 241 days prior to February 2, 2007. Therefore, the debtors did not meet the requirements of § 109(h).
Section 109(h) does provide several exceptions for debtors who are unable to complete their credit
counseling for various reasons prior to their filing. However, it does not provide an alternative for those
SO ORDERED.
SIGNED this 09 day of February, 2007.
________________________________________
Randy D. Doub
United States Bankruptcy Judge
____________________________________________________________
Case 07-00375-8-RDD Doc 11 Filed 02/09/07 Entered 02/09/07 16:16:46 Page 1 of 2

2
who complete their credit counseling more than 180 days prior to their filing. See In re Giles, No. 06-
23988, 2007 WL 259920 (Bankr. D. Utah Jan. 19, 2007) (dismissing debtor’s case for failure to comply
with § 109(h) when the debtor obtained credit counseling 182 days prior to filing); In re Jones, 352 B.R.
813 (Bankr. S.D. Tex. 2006) (dismissing debtor’s case for failure to comply with § 109(h) when the debtor
obtained credit counseling 190 days prior to filing).
Based on the foregoing, the debtors’ case is DISMISSED for failure to comply with the
requirements of § 109(h).
SO ORDERED.
END OF DOCUMENT
Case 07-00375-8-RDD Doc 11 Filed 02/09/07 Entered 02/09/07 16:16:46 Page 2 of 2