Brenda Johnson Howard

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WILMINGTON DIVISION
IN RE:
BRENDA JOHNSON HOWARD,
Debtor. Case No. 06-01838-8-JRL
Chapter 13
_____________________________________________________________________________
ORDER
This matter is before the court on the debtor’s motion to extend the automatic stay. On July 19,
2006, the court conducted a hearing in Wilmington, North Carolina.
The debtor filed a Chapter 13 petition on June 22, 2006. As her previous Chapter 13 case was
dismissed within a year of her petition date, the debtor filed a motion to extend the stay pursuant to 11
U.S.C. § 362(c)(3)(A). She asserts that due to a substantial change in circumstances, she currently has
the financial means to successfully complete her bankruptcy case. Mid-State Trust VIII (“Mid-State”), a
creditor in the debtor’s case, objects to her motion on several grounds, including the debtor’s failure to
complete credit counseling prior to her petition date pursuant to 11 U.S.C. § 109(h)(1).
Under 11 U.S.C. § 109(h)(1), “an individual may not be a debtor under this title unless such
SO ORDERED.
SIGNED this 09 day of August, 2006.
________________________________________
J. Rich Leonard
United States Bankruptcy Judge
____________________________________________________________
Case 06-01838-8-JRL Doc 19 Filed 08/09/06 Entered 08/10/06 13:33:17 Page 1 of 2

1 The court will not waive the requirement completely unless it determines, after notice and a
hearing, that the debtor is unable to complete credit counseling “because of incapacity, disability, or
active military duty in a military combat zone.” See 11 U.S.C. § 109(h)(4).
2
individual has, during the 180-day period preceding the date of filing of the petition,” received credit
counseling from an “approved nonprofit budget and credit counseling agency.” A debtor’s failure to
obtain the required credit counseling may be excused by the court if the debtor files a statement that
“describes exigent circumstances that merit a waiver of the requirement of paragraph (1)” and the debtor
requested credit counseling “but was unable to obtain the services . . .during the 5-day period beginning
on the date on which the debtor made that request.” See 11 U.S.C. § 109(h)(3)(A). If this statement is
satisfactory to the court, the debtor will be allowed thirty days after the petition date to comply with §
109(h)(1).1 See 11 U.S.C. § 109(h)(3)(B).
The debtor in this case testified that her attorney failed to inform her of the pre-petition credit
counseling requirement. She admits completing credit counseling on June 29, 2006, as evidenced by her
certificate of completion that was filed with the court. She also acknowledged that she did not file a
statement of exigent circumstances.
Based on the foregoing, the court finds the debtor is not eligible to be a debtor pursuant to 11
U.S.C. § 109(h)(1). Through no fault of her own, the debtor does not meet the jurisdictional
requirements of the Bankruptcy Code. Accordingly, the motion to extend the stay is denied and the case
is dismissed.
“End of Document”
Case 06-01838-8-JRL Doc 19 Filed 08/09/06 Entered 08/10/06 13:33:17 Page 2 of 2