Randolph Thomas Howard and Shirley Clemons Howard

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
WILSON DIVISION
IN RE:
RANDOLPH THOMAS HOWARD
SHIRLEY CLEMONS HOWARD
DEBTORS
CASE NO.
07-00057-8-RDD
ORDER EXEMPTING DEBTOR FROM CREDIT COUNSELING
This matter is before the court on the motion of the debtors for the exemption from credit
counseling of Mr. Randolph Thomas Howard. A hearing was held in Wilson, North Carolina on January
24, 2007.
11 U.S.C. § 109(h)(1) requires that all debtors receive credit counseling within the 180-day period
preceding the filing of their bankruptcy petition. § 109(h)(4) provides for an exemption from this
requirement if the court determines that the debtor “is unable to complete those requirements because of
incapacity, disability, or active military duty in a military combat zone.” It further defines “disability” as “so
physically impaired as to be unable, after reasonable effort, to participate in an in person, telephone, or
Internet briefing required under paragraph (1).”
SO ORDERED.
SIGNED this 25 day of January, 2007.
________________________________________
Randy D. Doub
United States Bankruptcy Judge
____________________________________________________________
Case 07-00057-8-RDD Doc 23 Filed 01/25/07 Entered 01/25/07 15:00:04 Page 1 of 2

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In this case, Mr. and Mrs. Howard’s petition for relief pursuant to chapter 13 of the Bankruptcy
Code was filed on January 5, 2007. Mrs. Howard completed the required credit counseling on January
3, 2007, as evidenced by the certificate of credit counseling filed with the court simultaneously with the
petition. Mr. Howard, however, did not complete the required credit counseling.
At the hearing of this matter, Mrs. Howard testified that her husband has been traveling to and from
Greenville, North Carolina for dialysis treatments since February 2006. He received treatments in Wilson,
North Carolina for some period prior to February 2006. On December 18, 2006, Mr. Howard was
hospitalized in Pitt County Memorial Hospital. On December 20, 2006, Mr. Howard suffered cardiac
arrest, which resulted in his being moved to the intensive care unit and placed on life support for
approximately 14 days. Mr. Howard was released from the hospital on January 10, 2007. Since his
release from the hospital, Mr. Howard has suffered from short-term memory loss, hearing loss, and limited
mobility.
Based on the foregoing, the court finds that Mr. Howard was and is disabled within the meaning
of 11 U.S.C. § 109(h)(4), as he was so physically impaired that he could not complete the credit counseling
required by § 109(h)(1) in person, by telephone or by internet briefing prior to the filing of the petition in
this case. Therefore, the debtors’ motion to exempt Mr. Howard from the pre-petition credit counseling
requirement is ALLOWED.
SO ORDERED.
END OF DOCUMENT
Case 07-00057-8-RDD Doc 23 Filed 01/25/07 Entered 01/25/07 15:00:04 Page 2 of 2