IN BANKRUPTYCY CAN YOU GET A BANKRUPTCY WITHOUT CREDIT COUNSELING? NO!

TODAYS BANKRUPTCY 07/17/11:
ISSUE-ORDER DENYING DEBTOR’S MOTION FOR EXTENSION OF TIME TO FILE DOCUMENTS, AND DISMISSING CASE

WHAT IS THE PROPER CAUSE FOR A BANKRUPTCY EXTENSION? ITS NOT STRESS

This post is by Flint Divorce and Bankruptcy  Attorney Terry Bankert. Divorce lawyer Terry Bankert  often is involved in child custody, child support, parenting time and grandparents rights.

Flint Matrimonial Lawyer Bankert’s articles on Family Law to include Divorce can be found at   http://terrybankert.blogspot.com/.  Flint Bankruptcy Lawyer Bankert also writes about chapter 7 bankruptcy at https://dumpmycreditors.wordpress.com/.

SOURCE- COURT-UNITED STATES BANKRUPTCY COURT,EASTERN DISTRICT OF MICHIGAN,SOUTHERN DIVISION,In re: Case No. 11-57645 ,QUIANA S. HUMPHREY, pro se, Chapter 7,Debtor. Judge Thomas J. Tucker. AND COMMENTS OF ATTORNEY BANKERT IN CAP’S OR [trb].This opinion has been modified for presentration

ISSUE-ORDER DENYING DEBTOR’S MOTION FOR EXTENSION OF TIME
TO FILE DOCUMENTS, AND DISMISSING CASE

This case is before the Court on a motion filed by Debtor for an extension of time to file
the following documents, which were due to be filed no later than July 11 2011: Credit
Counseling Certificate; Declaration Concerning Debtor(s) Schedules-Official Form B6; Chapter 7 Statement of Current Monthly Income and Means Test Form 22A; Statistical Summary; Statement of Financial Affairs; Summary of Schedules; Schedule B; Schedule D; Schedule E; Schedule F; Schedule H; Schedule I; and Schedule J (Docket # 11, the “Motion”).
DEBTOR SAID HE WAS LATE BVECAUSE OF STRESS

The Motion gives no specific reason why none of the missing documents was timely
filed, but rather generally alleges stress. Also, the Motion states, in relevant part, that Debtor has “borrowed monies to finish procedure Credit Counseling.”
DEBTOR DID NOT GET REQUIRED CREDIT COUNSELING

This statement implies that Debtor did not obtain credit counseling on or before the date of filing the bankruptcy petition.

YOU CANNOT BE A DEBTOR IS YOU DO NOT GET CREDIT COUNSELING

The Court will deny the Motion, and dismiss this case, because the Motion does not
demonstrate cause for an extension of time to file the missing documents, and because it appears that Debtor is not eligible to be a debtor in this bankruptcy case under 11 U.S.C. § 109(h)(1).

That provision provides in relevant part, that
an individual may not be a debtor under this title unless such
individual has, during the 180-day period ending on the date of
filing the petition by such individual, received from an approved
Nonprofit budget and credit counseling agency described in section
111(a) an individual or 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.
(italics added).

It appears that Debtor did not receive credit counseling as of the date of filing
the Motion (July 11, 2011), even though Debtor filed a voluntary petition for relief under
Chapter 7 on June 27, 2011. With exceptions not applicable here, 11 U.S.C. § 109(h)(1) requires a debtor to obtain credit counseling on or before the date of filing the bankruptcy petition.

Accordingly,
IT IS ORDERED that:
1. The Motion (Docket # 11), is denied.
2. This bankruptcy case is dismissed.
.
Signed on July 15, 2011

Bankert is active in his community and presents information on a wide variety of topice through his blog at http://goodmorningflint.blogspot.com/

You are invited to Join Bankert’s Face Book group “ Family Law and Bankruptcy Discussions” at
http://www.facebook.com/pages/Terry-R-Bankert-PC-Family-Law-and-Bankruptcy-Discussions/

You can join Bankert on facebook at  http://www.facebook.com/attorneybankert
Family Law attorney Bankert can be reached at http://www.attorneybankert.com
or 1-810-235-1970.

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