(Individual filed bankruptcy case after new eligibility requirement of 11 U.S.C. §109(h) went into effect. To be a debtor now requires individual to obtain credit counseling briefing before filing case unless there are exigent circumstances and individual requested the counseling but was unable to obtain it during 5 day period from the request [§ 109(h)(3)] or individual is exempted from counseling due to mental incapacity, physical disability, or on active military duty in combat zone [§109(h)(4)]. This individual did not submit certification of exigent circumstances supporting waiver request or statement supporting exemption from counseling. A hearing will be held to allow presentation of factual basis for waiver request and to determine whether individual is eligible to be a debtor.)
File:
Judge:
Date:
10/31/2005