Reginald H. Mitchell

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
REGINALD H. MITCHELL,
Debtor.
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Case No. 08-00182
(Chapter 7)
MEMORANDUM DECISION AND ORDER
DENYING REQUEST FOR RECONSIDERATION
The debtor has filed a Motion for Reconsideration (Docket
Entry (“D.E.”) No. 43, filed May 20, 2008)(“Motion”) in which he
asks the court to reconsider its order dismissing his chapter 7
case for failure to comply with the credit counseling requirement
articulated in 11 U.S.C. § 109(h)(D.E. No. 40, entered May 6,
2008). 	As grounds for reconsideration, the debtor asserts that
dismissal of his case was erroneous because he complied with the
credit counseling requirement by taking the required credit
counseling course and by filing with the court a certificate of
compliance on April 7, 2008 (D.E. No. 42).
Because the debtor obtained credit counseling after he
filed his bankruptcy petition, rather than in the 180-day
period prior to filing his petition as required by section
The Memorandum Decision and Order below is hereby
signed. Dated: June 17, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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109(h), his Motion must be denied.
Section 109(h) provides that all individuals filing for
bankruptcy must obtain an individual or group briefing that
outlines the opportunities for available credit counseling and
assists the individual in performing a related budget analysis
from an approved non-profit budget and credit counseling agency
during the 180-day period preceding the date of the filing of
the individual’s petition. 	11 U.S.C. § 109(h)(1). 	The
debtor’s certificate of compliance indicates that he received
credit counseling on April 5, 2008 (D.E. No. 42, filed April 7,
2008), which is twenty days after he filed his bankruptcy
petition on March 17, 2008 (D.E. No. 1). 	The debtor’s
postpetition credit counseling does not comply with
§ 109(h)(1), and the court previously denied the debtor’s
request for a temporary waiver of the credit counseling
requirement under § 109(h)(3) (D.E. No. 37, entered April 9,
2008). 	The court therefore properly dismissed the debtor’s
case.
The debtor having failed to articulate any legal basis for
vacating the order of dismissal, it is
ORDERED that the debtor’s Motion for Reconsideration (D.E.
No. 43) is DENIED.
[Signed and dated above.]
Copies to:
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Debtor; Chapter 13 Trustee
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