Maria Linda Hutalla

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 08-40509 TG
Chapter 13
MARIA LINDA HUTALLA,
Debtor.
___________________________/
MEMORANDUM RE DISMISSAL OF CASE
The 	above-captioned 	chapter 	13 	case 	was 	filed 	on 	February 	4,
2008. 	The debtor failed to file a credit counseling certificate as
required 	by 	11 	U.S.C. 	§ 	109(h) 	or 	an 	application 	for 	a 	temporary
waiver 	of 	the 	requirement 	together 	with 	a 	declaration 	of 	exigent
circumstances 	as 	permitted 	by 	11 	U.S.C. 	§ 	109(h)(3). 	Section
109(h)(3) 	authorizes 	the 	Court 	to 	give 	the 	debtor 	an 	additional 	30
days after the petition is filed to obtain credit counseling provided
the debtor establishes that: (1) she attempted to obtain pre-petition
credit counseling within five days before filing the petition and was
unable 	to 	do 	so 	and 	(2) 	exigent 	circumstances 	prevented 	her 	from
waiting to file until she was able to obtain credit counseling.
On February 20, 2008, the chapter 13 trustee filed a motion to
dismiss 	the 	case 	for 	failure 	to 	file 	a 	declaration 	of 	exigent
Signed: May 27, 2008
________________________________________
LESLIE TCHAIKOVSKY
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
May 27, 2008
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 08-40509 Doc# 37 Filed: 05/27/08 Entered: 05/27/08 17:21:42 Page 1 of 3

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circumstances. 	On 	March 	5, 	2008, 	the 	debtor 	filed 	a 	declaration
stating that she filed the case to stop the foreclosure sale of her
home which scheduled for February 4, 2008. 	She stated that she first
learned 	about 	the 	foreclosure 	on 	January 	31, 	2008 	and 	that 	this
information 	rendered 	her 	so 	ill 	that 	she 	was 	unable 	to 	attempt 	to
obtain credit counseling during the five day period. 	She stated that
she forced herself out of bed to file the petition.
Given 	the 	notice 	requirements 	for 	foreclosure 	sales, 	the
debtor’s statement that she first learned about the scheduled sale on
January 	31, 	2008 	is 	of 	questionable 	credibility. 	However, 	even 	if
the 	Court 	accepts 	this 	statement 	as 	true, 	the 	debtor 	has 	still 	not
satisfied the statute for two reasons. 	First, the statute does not
excuse 	a 	debtor 	from 	attempting 	to 	obtain 	credit 	counseling 	during
the 	five 	days 	before 	filing 	the 	petition 	for 	reasons 	of 	illness.
Second, even if it did, the Court may only give the debtor a maximum
of 45 days from the petition date to obtain counseling. 	The debtor
has never filed a credit counseling certificate and does not appear
to have obtained counseling during this 45 day period.
END OF DOCUMENT
Case: 08-40509 Doc# 37 Filed: 05/27/08 Entered: 05/27/08 17:21:42 Page 2 of 3

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COURT SERVICE LIST
Melba Espartero-Cawit
Law Offices of Melba Espartero-Cawit
38142 Fremont Blvd.
Fremont, CA 94536
Case: 08-40509 Doc# 37 Filed: 05/27/08 Entered: 05/27/08 17:21:42 Page 3 of 3