Patricia D Vaughn

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
PATRICIA D. VAUGHN,
Debtor.
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Case No. 08-00085
(Chapter 7)
NOT FOR PUBLICATION IN
WEST’S BANKRUPTCY REPORTER
MEMORANDUM DECISION AND ORDER DENYING DEBTOR’S REQUEST TO
ACCEPT OUTDATED CERTIFICATE OF CREDIT COUNSELING AND GIVING
CREDITORS NOTICE OF OPPORTUNITY TO OBJECT TO § 109(h) DISMISSAL
On February 5, 2008, at 3:27 p.m., the debtor’s attorney
electronically filed the debtor’s petition in the above-captioned
bankruptcy case. 	Included with the petition was the debtor’s
certificate of credit counseling, reflecting that the requisite
counseling was obtained on August 8, 2007. 	The counseling having
been obtained 181 days prior to the filing of the petition, the
clerk’s office issued a notice advising the debtor that the
certificate fails to comply with 11 U.S.C. § 109(h), which
requires that the counseling be obtained “during the 180-day
period preceding the date of filing of the petition . . . .”
Although 11 U.S.C. § 109(h) provides limited exceptions to this
requirement when the debtor requests but fails to obtain the
The Memorandum Decision and Order below is hereby
signed. Dated: February 22, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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1 	The attorney concedes that the petition was not
successfully transmitted to the court until February 5, 2008.
Thus, the court rejects the debtor’s attorney’s suggestion that
“this case was initially filed . . . on February 4, 2008.”
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requisite counseling shortly before the filing of the petition,
the Code offers no similar relief to assist debtors who obtain
pre-petition counseling more than 180 days prior to the date of
the filing of the petition, albeit only one day outside that time
frame.
The debtor’s attorney filed a response to the clerk’s
deficiency notice (Docket Entry (“DE”) No. 4, filed February 8,
2008), stating that:
The Debtor’s Chapter 7 bankruptcy petition in this case
was initially filed along with the Debtor’s Certificate
of Credit Counseling on February 4, 2008. 	However, the
filing of the Debtor’s petition could not be
electronically filed because the office of the
undersigned experienced a computer crash. 	Based on
this fact, the undersigned was advised that it would
take a 24 hour period before the computer could
effectively work. 	The Debtor’s petition was
successfully transmitted the next day. 	However, at the
time it was inadvertently believed that the next day,
February 5 th was within the 180 day period. 	Clearly
this was a miscalculation.
Although the court credits the debtor’s attorney’s representation
that he would have electronically filed the debtor’s petition on
February 4, 2008, had he not experienced technical difficulties,
a failed attempt to electronically file a petition cannot serve
as a point of reference for determining the date of the filing of
the petition. 1 	Furthermore, and notwithstanding this court’s
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2 	The court recognizes that a rigid application of the time
limitations set forth in § 109(h) can produce seemingly harsh
results, especially when a debtor fails to meet a deadline by
only one day. 	Should the debtor wish to continue her pursuit for
relief under chapter 7 of the Bankruptcy Code, however, the
dismissal of this case is unlikely to prevent the debtor from
filing a new petition and obtaining credit counseling that
complies with § 109(h).
3	O:\Laura\ORDERS\109(h)\109(h)_181 days_chapter7_Vaughn.wpd
general requirement that attorneys file all papers
electronically, pursuant to the court’s Administrative Procedures
for Filing, Signing, and Verifying Documents by Electronic Means,
attorneys may file documents in paper so long as the filing in
question is accompanied by a motion for leave to file in paper.
Thus, had counsel wished to file the debtor’s petition on
February 4, 2008, he could have permissibly done so by manually
filing the papers at the courthouse. 2 	It is thus
ORDERED that the debtor’s request to allow the case to
proceed notwithstanding the debtor’s failure to obtain credit
counseling within the 180-day period preceding the date of the
filing of the petition (DE No. 4) is DENIED. 	It is further
ORDERED that all parties in interest are hereby given notice
that within 10 days after entry of this order they may file an
objection to the court dismissing this case pursuant to 11 U.S.C.
§ 109(h).
[Signed and dated above.]
Copies to: All entities on BNC mailing list.
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