Tonya Denise Williams

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
TONYA D. WILLIAMS, No. 05-14654
Debtor(s).
______________________________________/
Memorandum on Motion to Dismiss
_________________
The U.S. Trustee has moved the court for dismissal of this Chapter 7 case, arguing that the debtor
is not eligible for relief because she failed to obtain credit counseling within the 180 days prior to her
bankruptcy as required by § 109(h) of the Bankruptcy Code. The debtor admits that she did not comply
with the requirement because she had no knowledge of it, but asks for the court for an extension of time
to complete the requirement after filing.
The court has the equitable power to waive the requirement only in a very narrow range of
circumstances. Unless a debtor is disabled or in a military combat zone, the only way the court can
excuse her is if there were exigent circumstances and the debtor sought counseling services before filing.
Failure to seek credit counseling before filing is a “fatal flaw” which mandates dismissal. In re Watson,
332 B.R. 740, 745-46 (Bkrtcy.E.D.Va.2005). Thus, even if the debtor has exigent circumstances the
court is powerless to grant her relief.
For the foregoing reasons, the motion will be granted. Counsel for the U.S. Trustee shall submit
an appropriate form of order.
Dated: February 17, 2006
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Entered on Docket
February 17, 2006
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 05-14654 Doc# 20 Filed: 02/17/06 Entered: 02/17/06 16:00:55 Page 1 of 1