Katina LaVern Glover

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
WILSON DIVISION
IN RE:
KATINA LAVERN GLOVER
DEBTOR
CHAPTER 13
CASE NO. 09-10197-8-RDD
ORDER DISMISSING CASE FOR FAILURE TO
TIMELY FILE CERTIFICATE OF CREDIT COUNSELING
This matter is before the court on the order for the debtor to appear and show cause as to why
this case should not be dismissed or other sanctions imposed based on the failure of the debtor to
file her certificate of credit counseling. A hearing was held in Wilson, North Carolina on January
12, 2010.
On November 23, 2009, Katina LaVern Glover (the “Debtor”) filed a voluntary petition
under Chapter 13 of the Bankruptcy Code. On November 25, 2009, the Court entered an Order
allowing a temporary waiver of pre-petition credit counseling required by Section 109(h) of the
Bankruptcy Code. Pursuant to the Order, the Debtor was required to obtain counseling from an
approved credit agency no later than December 23, 2009. The Debtor failed to timely file the
certificate of credit counseling and an Order for Show Cause was entered on December 29, 2009.
SO ORDERED.
SIGNED this 19 day of January, 2010.
________________________________________
Randy D. Doub
United States Bankruptcy Judge
____________________________________________________________
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1Official Form 1, Exhibit D sets forth the following disclosure: “If your certification is
satisfactory to the court, you must still obtain the credit counseling briefing within the first 30
days after you file your bankruptcy petition and promptly file a certificate from the agency that
provided the counseling, together with a copy of any debt management plan developed through
the agency. Failure to fulfill these requirements may result in dismissal of your case. Any
extension of the 30-day deadline can be granted only for cause and is limited to a maximum of
15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing
your bankruptcy case without first receiving a credit counseling briefing.”
2
The Debtor appeared at the hearing and stated that she inadvertently enrolled in the wrong
credit counseling course prior to December 23, 2009. She stated that she completed the correct
credit counseling course on January 11, 2010 and presented the certificate of completion to the
Court.
Section 109(h)(1) provides that an individual may not be a debtor under the Bankruptcy
Code unless such individual has completed a credit counseling course within 180-days preceding
the date of the filing. Pursuant to 11 U.S.C. § 109(h)(3)(B), a debtor may request an exemption of
the requirements of subsection (h)(1) if the debtor meets certain requirements. 	Should the
exemption be granted, the debtor has thirty (30) days to complete the credit counseling course. The
Court may also grant an additional fifteen (15) days extension if requested by a debtor.
In this case, the Debtor filed the Statement of Compliance With Credit Counseling
Requirement, also known as Official Form 1, Exhibit D.1 Pursuant to the form, the Debtor stated
that exigent circumstances exist as she attempted to obtain credit counseling services prior to the
filing of her petition but that “[t]he website went down.” She also stated that she would try to finish
up the course the next day. Based on her statements, the Debtor was permitted the exemption under
Section 109(h)(3)(A). An order was entered requiring her to complete the credit counseling course
by December 23, 2009. 	The Debtor did not request the additional fifteen (15) day period as may
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have been allowed by Section 109(h)(3)(b). Had the Debtor done so, that deadline would have
expired on January 8, 2010. The record reflects the course was not completed until January 11, 2010.
Therefore, the Court finds that since the Debtor failed to complete the credit counseling
within the time limits set forth in Section 109(h) of the Bankruptcy Code and she does not meet the
requirements to be eligible for a waiver of the credit counseling requirement, the case is
DISMISSED.
SO ORDERED.
END OF DOCUMENT
Case 09-10197-8-RDD Doc 46 Filed 01/19/10 Entered 01/19/10 15:23:03 Page 3 of 3