Kathy Rock

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
KATHY ROCK,
Debtor.
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Case No. 09-00132
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER
DENYING MOTION TO ACCEPT CERTIFICATE OF CREDIT COUNSELING
The debtor filed a credit counseling certificate
reflecting that she obtained credit counseling on August 21,
2008, which was 183 days before she commenced this bankruptcy
case on February 20, 2009. 	The counseling having been obtained
more than 180 days prior to the filing of the petition (even
though obtained within six months of filing of the petition), 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 . . . .” 	In
response to an order to show cause why the case ought not be
dismissed, debtor has filed a motion for the court to accept, as
satisfying the requirement of § 109(h), a certificate of credit
counseling reflecting that she obtained credit counseling on
The document below is hereby signed.
Signed: March 16, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 09-00132 Doc 29 Filed 03/16/09 Entered 03/16/09 13:48:24 Desc Main
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1 	The debtor’s Schedules I and J suggest that she would be
eligible for a waiver of the filing fee in a new case. 	See 28
U.S.C. § 1930(f)(1) and Official Form 3B. 	In a new case, the
debtor’s counsel should take note of 11 U.S.C. § 362(c)(3) and
(4), and the limited window of time within which the court can
grant a motion under those provisions, such that it is important
to include a LBR 9013-1 notice with such a motion, and promptly
obtain from the clerk a hearing date. 	It is additionally noted
that the debtor’s verification of the mailing matrix was unsigned
in this case and should be signed in any new case.
2	O:\TEEL\Judge Temp Docs\Rock (Kathy) Mem Decsn & Order Denying Mtn to Accept Postpet Cr Counseling Certif.wpd
March 9, 2009, after the commencement of this case. 	For cause,
she asserts that “[n]o prejudice to any creditor will result from
the acceptance of the March 9, 2009 certificate of credit
counseling.” 	It seems senseless to dismiss the case and to put
the debtor and her counsel to the burden of starting all over
again, particularly when she is represented by pro bono counsel.
Unfortunately, with exceptions of no applicability here, § 109(h)
grants the court no discretion to permit the debtor to be a
debtor in a bankruptcy case without having obtained the required
credit counseling within 180 days before the commencement of the
case. 	Accordingly, the debtor’s motion must be denied, and the
case will be dismissed without barring her from filing a new
case. 1 	It is thus
ORDERED that the Debtor’s Motion for Acceptance of
Certificate of Credit Counseling (Docket Entry No. 25) is DENIED.
[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney; Chapter 7 Trustee; Office
of United States Trustee.
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