Kenneth Yue

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
KENNETH YUE,
Debtor.
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Case No. 10-00146
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DIRECTING DEBTOR
TO SUPPLEMENT HIS REQUEST FOR TEMPORARY WAIVER
OF THE PREPETITION CREDIT COUNSELING REQUIREMENT
On exhibit D to the voluntary petition, the debtor has
requested a temporary waiver of the prepetition credit counseling
requirement based upon exigent circumstances (Dkt. No. 3). 	The
debtor’s summary of exigent circumstances states that “[d]ue to
shortness of time I was unable to complete credit counseling with
the Institute for Financial Literacy prior to filing this
petition. 	I will complete a credit counseling course within a
few days.”
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: February 24, 2010.
_____________________________
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 he
requested credit counseling services from an approved non-profit
budget and credit counseling agency before he filed his petition,
but was unable to obtain the necessary services within seven 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, and the court may
grant a fifteen day extension of the exemption for cause.
11 U.S.C. § 109(h)(3)(B).
Although the debtor’s exhibit D refers to a “shortness of
time,” the debtor has not explained the circumstances that gave
rise to this perceived urgency. 	Without more information, the
court is unable to evaluate whether the debtor was, in fact,
faced with exigent circumstances that merit a temporary waiver of
the prepetition credit counseling requirement.
Furthermore, even if the debtor had adequately described the
exigent circumstances that necessitated the prompt filing of the
petition, the debtor has failed to provide adequate information
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regarding the debtor’s prepetition request or requests to obtain
credit counseling and why he was unable to obtain the counseling
within seven days of requesting such services. 	Rather, the
debtor simply represents that he was unable to complete a course
prepetition with the Institute for Financial Literacy, and that
he will complete a course within a few days. 	The court being
unable to grant the debtor’s request for a temporary waiver
without additional information, it is
ORDERED that within 14 days after entry of this order, the
debtor shall supplement his request for temporary waiver with a
description of the exigent circumstances that the debtor contends
merit a temporary waiver of the prepetition credit counseling
requirement. 	The debtor shall further supplement his request
with a description of the prepetition request or requests that he
made for credit counseling services, including the date on which
such requests were made, the agency or agencies that he
contacted, the identity of any individuals with whom he spoke at
those agencies, and the reason why the agency or agencies were
unable to provide the requested counseling within seven days of
the debtor’s requests. 	It is further
ORDERED that if the debtor fails to supplement his request
for waiver in accordance with the foregoing and to the
satisfaction of the court, the court shall deny the debtor’s
request for a temporary waiver of the prepetition credit
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counseling requirement and shall have no choice but to dismiss
this case based upon the debtor’s ineligibility to be a debtor in
bankruptcy 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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