Debra R. Rich

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
DEBRA R. RICH,
Debtor.
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Case No. 09-00331
(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Not for Publication in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 (“DE”)
No. 2). 	The debtor’s summary of exigent circumstances states
that the debtor could not afford the fee and that she is unaware
of any free credit counseling services at this time. 	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
that outlines the opportunities for available credit counseling
and assists the individual in performing a related budget
The document below is hereby signed.
Signed: May 21, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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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. 	Rather than describing an exigent
circumstance that necessitated the filing of the petition before
she could obtain counseling, the debtor’s request instead
suggests that she considers herself generally unable to obtain
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1 	The court notes that, pursuant to 11 U.S.C.
§ 111(c)(2)(B), although approved counseling agencies may charge
a reasonable fee, they are required to provide services without
regard to ability to pay the fee.
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credit counseling based upon her inability to pay. 1 	As noted
above, even if the court were to grant the debtor a temporary
waiver, the exemption applies only for the first thirty days
following the filing of the debtor’s petition, and the debtor
would still be required to obtain the counseling within 30 days
after the filing of the petition. 	11 U.S.C. § 109(h)(3)(B).
Moreover, even if the debtor had described a valid exigent
circumstance that would support the debtor’s request for waiver,
she has not provided the court with any information regarding her
prepetition request or requests to obtain credit counseling, and
the court would be unable to grant the debtor’s request for a
temporary waiver without such information.
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 (DE No. 2) is
DENIED. 	It is further
ORDERED that within 10 days after entry of this order the
debtor shall show cause, if any she has, by a writing filed with
the court, why this case ought not be dismissed based upon the
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4	O:\TEEL\Laura\ORDERS\109(h)\Order_deny exigent circumstances waiver_rich.wpd
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.
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