Dawn Yolanda Mixon

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
DAWN YOLANDA MIXON,
Debtor.
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Case No. 09-00237
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DENYING
REQUEST FOR EXIGENT CIRCUMSTANCES WAIVER AND
TO SHOW CAUSE WHY CASE OUGHT NOT BE DISMISSED
On exhibit D of the voluntary petition, the debtor has
requested a temporary waiver of the prepetition credit counseling
requirement based upon exigent circumstances (Docket Entry
No. 2). 	The debtor’s summary of exigent circumstances states
that although the debtor previously obtained credit counseling
and thought she could use the related certificate to satisfy the
credit counseling requirement, upon filing this case she found
that the counseling was taken too long ago. 	For reasons
explained in more detail below, the court will deny the debtor’s
request for waiver.
Section 109(h) of 11 U.S.C. provides that all individuals
filing for bankruptcy must obtain an individual or group briefing
The order below is hereby signed.
Signed: March 31, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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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 debtor’s summary of exigent circumstances does not state
valid grounds for waiver and the debtor’s request for a temporary
waiver of the prepetition credit counseling requirement must be
denied accordingly. 	Although the debtor’s mistaken belief that
an outdated certificate would satisfy the prepetition credit
counseling requirement may have been made in good faith, it does
not constitute an exigent circumstance within the meaning of
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§ 109(h)(3)(B) and the Bankruptcy Code does not provide for
waiver of the counseling requirement based upon a debtor’s
mistaken belief that she has obtained the necessary counseling
prior to the filing of the petition.
Even if the debtor had described a valid exigent
circumstance that would support her request for waiver, she has
not provided the court with any information regarding her
prepetition request or requests to obtain credit counseling and
why she was unable to obtain the counseling within five days of
requesting such services, and the court would be unable to grant
the debtor’s request for a temporary waiver without such
information. 	The debtor’s explanation that she did not learn
that her credit counseling was outdated until she filed her case
suggests that the debtor did not request additional counseling
during the days immediately preceding the filing of the instant
case, as required to qualify for an exigent circumstances waiver.
It is unnecessary to resolve this issue, however, because the
request for waiver can be denied on other grounds.
The debtor having failed to state exigent circumstances that
would justify a temporary waiver of the prepetition credit
counseling requirement of 11 U.S.C. § 109(h), it is
ORDERED that the debtor’s request for a temporary waiver of
the prepetition credit counseling requirement is DENIED. 	It is
further
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ORDERED that within 10 days after entry of this order the
debtor shall show cause, if any she has, why this case ought not
be dismissed based upon the debtor’s ineligibility to be a debtor
pursuant to 11 U.S.C. § 109(h).
[Signed and dated above.]
Copies to: Debtor; Chapter 7 Trustee; Office of United States
Trustee.
4	O:\TEEL\Laura\ORDERS\109(h)\Order_deny exigent circumstances request_Mixon.wpd
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