Frank Robert Cook

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
FRANK ROBERT COOK,
Debtor.
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Case No. 08-00317
(Chapter 11)
Not For Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER
GRANTING FOR WAIVER OF CREDIT COUNSELING REQUIREMENT
On May 8, 2008, the debtor filed a petition for relief under
Chapter 11 of the Bankruptcy Code together with a certificate of
exigent circumstances requesting a temporary waiver of the credit
counseling requirement imposed by 11 U.S.C. § 109(h) (Docket
Entry “D.E.” No. 1). 	The debtor requests a waiver because his
real property was subject to a foreclosure sale scheduled for May
8, 2008, the petition date. 	The instant petition was necessary
to halt the foreclosure sale. 	The debtor filed additional
certification in support of his request for a waiver of the
credit counseling requirement based on exigent circumstances
(D.E. No. 25, filed June 4, 2008) as well as a certificate of
credit counseling reflecting that he completed the requisite
The Memorandum Decision and Order below is hereby
signed. The clerk shall additionally mail a copy to
the United States Trustee. Dated: July 7, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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credit counseling on May 8, 2008, the same day as his bankruptcy
petition (D.E. No. 26). 	As explained in more detail below, the
court will grant the debtor’s request for waiver.
Section 109(h) provides that all individuals filing for
bankruptcy must obtain an individual or group briefing that
outlines the opportunities for available credit counseling and
assists the individual in performing a related budget analysis
from an approved non-profit budget and credit counseling agency
during the 180-day period preceding the date of the filing of the
individual’s petition. 	11 U.S.C. § 109(h)(1).
Pursuant to 11 U.S.C. § 109(h)(3)(A), the court can waive
this requirement temporarily if (i) the debtor certifies that
there are exigent circumstances that merit a waiver of the credit
counseling requirement, (ii) the debtor certifies that she
requested credit counseling services from an approved non-profit
budget and credit counseling agency before she filed her
petition, but was unable to obtain the necessary services within
five days of the request, and (iii) the court finds good cause to
grant the waiver. 	This exemption applies only for the first
thirty days following the filing of the debtor’s petition,
although the court may grant a fifteen-day extension of the
exemption for cause. 	11 U.S.C. § 109(h)(3)(B).
The court concludes that the debtor has qualified for a
temporary waiver of the credit counseling requirement. 	He has
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certified that he requested consumer counseling services from an
approved agency prior to the filing of his petition but was
unable to obtain the services in the give day period following
the request. 	The pending foreclosure sale of the debtor’s home
constitutes an exigent circumstance within the meaning of §
109(h)(3)(A)(I), and the court finds good cause to grant the
waiver within the meaning of § 109(h)(3)(A)(iii). 	Thus, the
debtor has satisfied all three requirements of § 109(h)(3)(A) and
is eligible for a temporary waiver of the pre-petition credit
counseling requirement. 	It is thus
ORDERED that the debtor’s request for a temporary waiver of
the pre-petition credit counseling requirement of 11 U.S.C.
§ 109(h) is GRANTED.
[Signed and dated above.]
Copies to:
Debtor; Debtor’s Counsel
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