THOMAS TUCKER, Bankruptcy Judge
This case comes before the Court on Debtor's "Motion to Reinstate Case," filed on January 31, 2011 (Docket # 23, the "Motion"), which this Court construes as a motion for reconsideration of, and for relief from, the January 27, 2011 Order dismissing this case (Docket #18), and
The Court having reviewed and considered the Motion, and
The Court concludes that there is a problem, other than the Debtor having filed her Means Test form using an outdated form, that required that this case be dismissed. And the Court cannot grant the Debtor's motion to reinstate this case, due to this problem. The problem is that the Debtor is not eligible to be a debtor in this case under 11 U.S.C. § 109(h)(1). That section provides in relevant part, 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 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.
The certificate of credit counseling that Debtor filed with the Court states that Debtor received "an individual [or group] briefing that complied with the provisions of 11 U.S.C. §§ 109(h) and 111" on January 17, 2011. ( See "Certificate of Counseling," filed on January 20, 2011 (Docket #16).) Debtor filed her voluntary petition for relief under Chapter 7 on January 12, 2011. Therefore, Debtor only received the credit counseling briefing after her petition in this case was filed. With exceptions not applicable here, 11 U.S.C. § 109(h)(1) requires a debtor to obtain credit counseling during the 180-day period before filing a bankruptcy petition. Accordingly,
IT IS ORDERED that the Motion should be, and is, DENIED.
Signed on February 01, 2011