Eric Jones

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
ERIC JONES,
Debtor.
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Case No. 08-00066
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION RE MOTION TO DISMISS
The United States Trustee has moved to dismiss this case on
the basis that the debtor failed to obtain credit counseling as
required by 11 U.S.C. §109(h)(1) prior to filing his case. 	On
January 31, 2008, the debtor, Eric Jones, who is currently
incarcerated at the Federal Correction Institute in Cumberland,
Maryland, filed a voluntary petition under Chapter 7 of the
Bankruptcy Code. 	Although he filed an Exhibit D to the petition
in which he requested a temporary waiver of the credit counseling
requirement imposed by 11 U.S.C. § 109(h), he has never described
exigent circumstances justifying such a waiver, and failed to
respond to an order directing him to show cause why the requested
The decision below is signed as a decision of
the court.
Signed: June 17, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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1 	Moreover, it is unlikely that he could not have promptly
obtained credit counseling via the internet (which he apparently
did not realize when he filed his case).
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waiver ought not be denied on that basis. 1
The debtor has filed a response to the United States
Trustee’s motion in which he confuses the requirement under 11
U.S.C. § 109(h) of prepetition credit counseling with the
requirement of 11 U.S.C. § 727(a)(11) of taking a postpetition
course in personal financial management. 	Because he has e-mail
capabilities where he is incarcerated, he was able to take the
course required by § 727(a)(11) via the internet. 	The debtor’s
response attaches a certificate of debtor education dated March
7, 2008. 	That course, however, is not the same thing as credit
counseling under § 109(h)(1), and, in any event, it was not
obtained prepetition as required by § 109(h)(1).
The court will thus grant the United States Trustee’s motion
to dismiss this case. 	If the debtor decides to file a new case,
he should be able to obtain credit counseling via the internet
before he files his case. 	Approved agencies can be found at the
United States Trustee website:
http://www.usdoj.gov/ust/eo/bapcpa/ccde/index.htm
Failure to obtain credit counseling prepetition may lead to the
dismissal of any new case.
The debtor complains that the court is sending mail to his
wife’s address instead of his prison address. 	But the court is
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2 	The handwritten Unit number listed as part of the
debtor’s street address on his petition is unclear. 	It appears
to be Unit G1, but it could be something different.
3	O:\TEEL\Judge Temp Docs\Jones (Eric) Decsn re UST MTD.wpd
utilizing the mailing address listed on the debtor’s petition.
He also listed a Cumberland, Maryland address as his “street
address.” 	For purposes of sending notices to a debtor, the clerk
utilizes the address on that debtor’s petition listed as her
“mailing address,” not the address listed as her “street
address.” 	If the debtor wishes to change his mailing address, he
may file a notice to the clerk to change that mailing address. 2
[Signed and dated above.]
Copies to:
Debtor [at his mailing address of record]
Chapter 7 Trustee
Office of United States Trustee
Eric Jones
P.O. Box 1000 Unit G1 # 111
Cumberland, MD 21501
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