William Musgrove

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
WILLIAM MUSGROVE,
Debtor.
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Case No. 09-00121
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DENYING REQUEST FOR TEMPORARY
WAIVER OF THE CREDIT COUNSELING REQUIREMENT AND TO SHOW
CAUSE WHY CASE OUGHT NOT BE DISMISSED FOR FAILURE TO COMPLY
WITH THE CREDIT COUNSELING REQUIREMENT OF 11 U.S.C. § 109(h)
On his Exhibit D to the voluntary petition, the debtor
appears to request a temporary waiver of the credit counseling
requirement of 11 U.S.C. § 109(h) (Docket Entry (“DE”) No. 13).
Specifically, although the debtor failed to actually check the
box certifying that he is eligible for waiver, the debtor
nevertheless purports to summarize his exigent circumstances by
stating that he was sick and in the hospital. 1 	Because the
debtor failed to actually check the box certifying that he is
1 	The debtor does not contend that he suffers from a
disability as defined in 11 U.S.C. § 109(h)(4) such that his
illness leaves him physically impaired to the extent of being
unable, after reasonable effort, to participate in a credit
counseling briefing in person, by telephone, or through the
Internet.
The order below is hereby signed.
Signed: March 04, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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eligible for waiver, and has thus failed to provide a
satisfactory certification of eligibility for waiver, the court
will deny the debtor’s request. 	As explained in more detail
below, even if the debtor had properly checked the box certifying
that he is eligible for waiver, the debtor’s stated grounds for
waiver are insufficient to support his request.
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).
Pursuant to 11 U.S.C. § 109(h)(3)(A), the court can waive
this requirement temporarily if the debtor certifies that there
are exigent circumstances that merit a waiver of the credit
counseling requirement and that he requested credit counseling
services from an approved non-profit budget and credit counseling
agency before he filed his petition, but was unable to obtain the
necessary services within five days of the request. 	This
exemption applies only for the first thirty days following the
filing of the debtor’s petition, although the court may grant a
fifteen day extension of the exemption for cause. 	11 U.S.C.
§ 109(h)(3)(B).
2
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On his Exhibit D, in the space provided for summarizing the
exigent circumstances justifying waiver, the debtor indicates
that he was sick and in the hospital. 	This does not constitute
an exigent circumstance. 	At best, it explains why the debtor may
have lacked access to credit counseling services at some point in
time. 2 	The debtor has altogether neglected to describe the
exigent circumstance that required the debtor to file this case
before he could obtain the necessary credit counseling. 	Thus,
even if the debtor had checked the appropriate box on Exhibit D
to certify that he is eligible for waiver, the debtor has
nevertheless failed to satisfy one of the requirements of
§ 109(h)(3)(A). 	As such, the debtor is not eligible for a
temporary waiver of the prepetition credit counseling
requirement. 3 	Accordingly, it is
2 	The court notes that credit counseling services can be
obtained not only in person, but also by telephone and Internet.
As such, the debtor may have had access to credit counseling
services notwithstanding his hospitalization. 	Because the debtor
has provided no further information, it remains unclear how the
debtor’s illness or hospitalization impacted the debtor’s ability
to obtain prepetition credit counseling services.
3 	Even if the debtor had properly certified on Exhibit D
that he is eligible for waiver, and even if he had properly
identified an exigent circumstance in support of his request for
waiver, the court would have nevertheless required the debtor to
file a supplemental request. 	Specifically, the court would have
required the debtor to verify that he actually requested
counseling services prepetition and would have likewise required
the debtor to provide an explanation as to why he was unable to
obtain the counseling within five days of making the request.
Absent such a showing, the debtor would be ineligible for waiver.
3
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ORDERED that the debtor’s request for a temporary waiver of
the pre-petition credit counseling requirement of 11 U.S.C.
§ 109(h) (DE No. 13) is DENIED. 	It is further
ORDERED that within 7 days after entry of this order, the
debtor shall show cause, by a writing filed with the court, why
this case ought not be dismissed based upon 11 U.S.C. § 109(h)
ineligibility.
[Signed and dated above.]
Copies to: Debtor; Chapter 13 Trustee.
4	O:\TEEL\Laura\ORDERS\109(h)\Order_deny exigent circumstances waiver_Musgrove.wpd
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