Keith L Case

SUMMARY ORDER - 1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF IDAHO
IN RE 	)
)
CASE, KEITH L. 	) 	Case No. 05-05685-TLM
)
Debtor. 	) 	SUMMARY ORDER
)
________________________________ )
The above named Debtor filed a voluntary chapter 13 petition on October
26, 2005. Several new requirements for filing bankruptcy became effective on
October 17, 2005, and therefore apply to Debtor’s case.
Debtor did not file with his petition a certificate from an approved credit
counseling agency reflecting that he had obtained credit counseling and briefing
within the 180 days prior to filing. The existence of such counseling is a condition
of eligibility to be a debtor under § 109(h)(1). And it is a debtor’s duty to file such
a certificate under § 521(b)(1).
On November 12, Debtor filled out and filed a form “Certification of
Completion of Instructional Course Concerning Financial Management” in which
he represented that he did not complete a financial management course because he
lives in a district in which the U.S. Trustee’s office determined the approved
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SUMMARY ORDER - 2
instructional courses were not adequate to serve the individuals in the district. See
Doc. No. 12. On the same day, Debtor filed a motion to extend time to meet the
§ 109(h) credit counseling requirement. See Doc. No. 15.
If Debtor intended the first document, Doc. No. 12, to address the
eligibility requirements of § 109(h)(1), it is inadequate. This “form” was intended
to address the post-bankruptcy financial management course required under other
provisions of the Bankruptcy Code. And, while the portion of the form completed
by Debtor mirrors an exception to the pre-bankruptcy credit counseling found in
§ 109(h)(2), this Court has previously noted that § 109(h)(2) is not available in the
District of Idaho because the U.S. Trustee’s office has approved multiple credit
counseling agencies. See In re Rodriguez, Case No. 05-05694-TLM at Doc. No.
31 at 9 (Bankr. D. Idaho Dec. 9, 2005) (citing
http://www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm#ID which lists
approved agencies in this District and this Court’s Website at
www.id.uscourts.gov/BK_Reform/BKReformAct2005.htm which links the U.S.
Trustee’s Website and list of approved agencies).
The second document Debtor filed, Doc. No. 15, seeking a waiver or
exemption under § 109(h)(3), is also inadequate. This Court has analyzed and
explained the operation of § 109(h)(3)(A) in Rodriguez, supra. That Decision is
incorporated fully herein by this reference. Consistent with Rodriguez, the Court
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finds and concludes Debtor’s submission, Doc. No. 15, is not sufficient to
constitute a “certification” as required by the Code.
In addition, the allegations in Doc. No. 15, even if they were to be certified
by Debtor as required by the Code, do not meet the requirements of
§ 109(h)(3)(A). Under § 109(h)(3)(A), a certification must establish that exigent
circumstances were present, and that Debtor made a pre-bankruptcy request for
credit counseling and that the agency Debtor contacted advised Debtor such a
request could not be accommodated and counseling held within five days of the
request. See § 109(h)(3)(A)(i), (ii).
While the Court appreciates the fact that Debtor filed his bankruptcy pro se,
he must still comply with the law. The Court cannot ignore the Bankruptcy Code
requirements and, based on the allegations in Doc. No. 15, Debtor did not and
cannot meet the requirements of § 109(h)(3) for a temporary exemption from
§ 109(h)(1)’s counseling requirement. Therefore Debtor’s motion, Doc. No. 15,
must be and hereby is DENIED.
As no exemption can properly be granted under § 109(h)(3)(A) in this case,
Debtor was and is ineligible to be a debtor in bankruptcy. Thus, his case must be
and hereby is DISMISSED.
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SUMMARY ORDER - 4
DATED: December 13, 2005
TERRY L. MYERS
CHIEF U. S. BANKRUPTCY JUDGE
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CERTIFICATE RE: SERVICE
A “notice of entry” of this Decision, Order and/or Judgment has been
served on Registered Participants as reflected by the Notice of Electronic Filing.
A copy of the Decision, Order and/or Judgment has also been provided to non-
registered participants by first class mail addressed to:
Keith L. Case
10 MoonBeam Way
Idaho City, ID 83631
Marilyn L. Gladhart
c/o Skinner Fawcett
P.O. Box 700
Boise, ID 	83701
Case No. 05-05685-TLM (Keith L. Case)
Dated: December 13, 2005
/s/ Jo Ann B. Canderan
Judicial Assistant to Chief Judge Myers
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