Brian Shanklin

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
BRIAN SHANKLIN,
Debtor.
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Case No. 10-00471
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DENYING MOTION TO REINSTATE CASE
This case was dismissed based upon the debtor’s failure to
comply with the prepetition credit counseling requirement of 11
U.S.C. § 109(h). 	The debtor has filed a motion to reinstate the
case (Dkt. No. 29). 	In support of his motion, the debtor
contends that he obtained credit counseling, and although he did
not do so within the 180-day period prior to the filing of the
petition, the education he did receive meets “the black letter
and the spirt of the law requiring a debtor obtain credit
counseling because he received the counseling and acquired the
necessary education to make an informed decision to file
bankruptcy.” 	The court will accept the debtor’s representation
that the prepetition counseling he received provided the
necessary education to permit the debtor to make an informed
The document below is hereby signed.
Signed: June 18, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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decision regarding the filing of this bankruptcy case. 	Likewise,
the court does not take issue with the debtor’s contention that
the counseling he obtained was consistent with the purpose and
the spirit of § 109(h). 	As to the debtor’s assertion that the
debtor has complied with the black letter of the law, however,
the court respectfully disagrees. 	Subject to limited exceptions
of no applicability here, 11 U.S.C. § 109(h) provides that “an
individual may not be a debtor under this title unless such
individual has, during the 180-day period preceding the date of
filing of the petition by such individual, received from an
approved nonprofit budget and credit counseling agency . . . an
individual group briefing (including a briefing conducted by
telephone or on the Internet) that outlined the opportunities for
available credit counseling and assisted such individual in
performing a related budget analysis.” 	Section 109(h) does not
provide an exception for debtors who have satisfied the spirit
but not the letter of the law, and the Bankruptcy Code does not
grant the court the discretion to make an exception for the
debtor in this case. 	It is thus
ORDERED that the debtor’s Motion to Reinstate Case (Dkt. No.
29) is DENIED.
[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney; Chapter 7 Trustee; Office
of United States Trustee.
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