Lynn E. Catoe-Emerson

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
LYNN E. CATOE-EMERSON,
Debtor.
)
)
)
)
)
)
)
Case No. 08-00844
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DENYING REQUEST
FOR TEMPORARY WAIVER OF THE CREDIT COUNSELING
REQUIREMENT OF 11 U.S.C. § 109(h) AND TO SHOW CAUSE
Section 109(h) of 11 U.S.C. 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
The order below is hereby signed.
Signed: January 03, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 08-00844 Doc 23 Filed 01/05/09 Entered 01/05/09 14:57:53 Desc Main
Document Page 1 of 4

2
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).
On her exhibit D to the voluntary petition, the debtor has
requested a temporary waiver of the credit counseling requirement
based on exigent circumstances (Docket Entry (“DE”) No. 21). 	The
debtor has identified the credit counseling agency that she
allegedly contacted prior to the filing of the petition, and she
has explained her exigent circumstances as follows:
The attorney for a client to whom I owe money has
scheduled a Court hearing for 2/2/09. 	The hearing
would attempt to force me to pay the client Now. 	The
bankruptcy hearing requested would preempt the
solicitor’s case.
Thus, it appears that the debtor filed this case to prevent
a February 2, 2009 hearing from going forward (along with any
legal consequences that might flow from such a hearing), and that
this is the event the debtor contends gives rise to an exigent
circumstance warranting a temporary waiver of the prepetition
credit counseling requirement. 	The debtor filed this bankruptcy
case on December 22, 2008, however, forty-two days before the
hearing in question was scheduled to occur. 	“[T]he word
Case 08-00844 Doc 23 Filed 01/05/09 Entered 01/05/09 14:57:53 Desc Main
Document Page 2 of 4

1 	Section 109(h) permits the court to grant an additional
15-day extension for cause. 	The debtor has not requested any
such additional extension, nor has the debtor suggested that
credit counseling services are so far beyond her reach that she
would require more than 30 days to obtain such counseling.
3
‘exigent’ refers to something that is ‘urgent’ or that requires
‘immediate action or aid.’” In re Giambrone, 365 B.R. 386, 389
(Bankr. W.D.N.Y. 2007) (citing 1 T HE SHORTER OXFORD ENGLISH DICTIONARY
652 (C.T. Onions ed., 1970); W EBSTER ’S T HIRD N EW INTERNATIONAL
DICTIONARY OF THE ENGLISH LANGUAGE 796 (Unabridged, Phillip Babcock
Grove et al. eds., 1993); R ANDOM H OUSE U NABRIDGED DICTIONARY 678
(Stuart Berg Flexner ed., 2d ed. 1993)). 	Although reasonable
people may disagree on exactly how urgent a situation must be to
constitute an “exigent” circumstance, by any measure, an event
that is scheduled to take place forty-two days hence does not
qualify as an exigent circumstance for purposes of a temporary
waiver of the prepetition credit counseling requirement of
§ 109(h). 	Consistent with this view, section 109(h) provides
that even if a temporary waiver is granted based upon exigent
circumstances, debtors are nevertheless required to obtain the
requisite counseling within 30 days after the filing of the
petition. 1 	Thus, even if the court were to grant the requested
temporary waiver, the debtor would still be required to obtain
credit counseling before February 2, 2009. 	Accordingly, the
court concludes that the debtor has failed to identify an exigent
circumstance warranting a temporary waiver of the prepetition
Case 08-00844 Doc 23 Filed 01/05/09 Entered 01/05/09 14:57:53 Desc Main
Document Page 3 of 4

4	O:\TEEL\Laura\ORDERS\109(h)\Order_109(h)_waiver_denied_Catoe-Emerson.wpd
credit counseling requirement in this bankruptcy case. 	It is
thus
ORDERED that the debtor’s request for a temporary waiver of
the prepetition credit counseling requirement (DE No. 21) is
DENIED. 	It is further
ORDERED that within 7 days after entry of this order, the
debtor shall either demonstrate compliance with the prepetition
credit counseling requirement of 11 U.S.C. § 109(h) or show
cause, by a writing filed with the court, why this case ought not
be dismissed based upon the debtor’s ineligibility to be a debtor
in bankruptcy.
[Signed and dated above.]
Copies to:
Debtor; Chapter 7 Trustee; Office of United States Trustee.
Case 08-00844 Doc 23 Filed 01/05/09 Entered 01/05/09 14:57:53 Desc Main
Document Page 4 of 4