Billy T. McIntyre

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 06-40644 TG
Chapter 13
BILLY T. McINTYRE,
Debtor.
___________________________/
MEMORANDUM RE VARIOUS CASE DEFICIENCIES
The 	above-captioned 	debtor 	(the 	“Debtor”) 	filed 	a 	petition
seeking 	relief 	under 	chapter 	13 	of 	the 	Bankruptcy 	Code 	on 	May 	1,
2006. 	The 	debtor 	is 	not 	represented 	by 	counsel. 	On 	May 	12, 	2006,
the chapter 13 trustee (the “Trustee”) filed a motion to dismiss the
case 	based 	on 	the 	Debtor’s 	failure 	to 	file 	a 	pre-petition 	credit
counseling certificate. 	On May 17, 2006, the Court issued an order
noting that the Debtor had failed to file certain required documents
within the required deadline and giving notice that the case would be
dismissed unless the Debtor remedied these deficiencies.
On May 30, 2006, the Debtor filed an objection to the Trustee’s
motion to dismiss. 	He stated that he had obtained credit counseling.
However, 	he 	failed 	to 	file 	a 	copy 	of 	the 	credit 	counseling
certificate or to indicate whether the counseling had been obtained
Signed: June 05, 2006
________________________________________
LESLIE TCHAIKOVSKY
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
June 06, 2006
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 06-40644 Doc# 11 Filed: 06/05/06 Entered: 06/06/06 14:12:56 Page 1 of 3

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pre-petition 	as 	required 	by 	current 	law. 	Section 	109(h) 	provides
that an individual is not eligible to be a bankruptcy debtor unless
the 	debtor 	obtains 	pre-petition 	counseling 	(unless 	the 	debtor
requested counseling at least 5 days before filing and was unable to
obtain it).
The Debtor also filed a response to the Court’s order regarding
the 	missing 	documents 	on 	May 	30, 	2006. 	He 	asked 	for 	more 	time 	to
file 	the 	missing 	documents 	but 	failed 	to 	specify 	how 	long 	an
extension he desired. 	Section 521(i) of the Bankruptcy Code provides
that a bankruptcy case will be automatically dismissed on the 46 th day
if 	the 	debtor 	fails 	to 	file 	all 	required 	documents 	by 	the 	45 th 	day.
Thus, unless the Debtor files the missing documents by June 15, 2006,
the case will be automatically dismissed on June 16, 2006.
Based 	on 	these 	provisions, 	the 	Court 	concludes 	that 	the 	case
should 	be 	dismissed 	without 	further 	notice 	and 	hearing 	unless 	the
Debtor, by no later than June 15, 2006:
(1) files all missing documents; and
(2) 	files 	a 	credit 	counseling 	certificate 	indicating 	that 	he
obtained pre-petition credit counseling.
If 	the 	Debtor 	timely 	complies 	with 	both 	of 	these 	requirements, 	the
Trustee’s motion will be denied. 	The Trustee is directed to submit
an appropriate form of order after June 15, 2006.
END OF DOCUMENT
Case: 06-40644 Doc# 11 Filed: 06/05/06 Entered: 06/06/06 14:12:56 Page 2 of 3

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COURT SERVICE LIST
Martha G. Bronitsky
Chapter 13 Standing Trustee
24301 Southland Dr., Ste. 200
Hayward, CA 94545-1541
Billy T. McIntyre
1812 Brente Lane
San Pablo, CA 94806
Case: 06-40644 Doc# 11 Filed: 06/05/06 Entered: 06/06/06 14:12:56 Page 3 of 3