HERB ROSS
JUDGE (Recalled)
In Chapter 7
SUPPLEMENTAL MEMORANDUM
DENYING WAIVER OF CREDIT
COUNSELING REQUIREMENT AND
SETTING DATE FOR DISMISSAL IF NO
OPPOSITION IS FILED
In its initial memorandum decision (Docket No. 11), the court erroneously stated that the debtors had not filed a motion to waive credit counseling. The debtors did file a motion to waive credit counseling at Docket No. 2, but the motion falls short of complying with 11 USC § 109(h)(4) (incarceration is not a "disability"), or with §109(h)(3)(A)(ii), which requires that they file a certificate that:
(ii) states that the debtor requested credit counseling services from an approved nonprofit budget and credit counseling agency, but was unable to obtain the services referred to in paragraph (1) during the 7-day period beginning on the date on which the debtor made that request
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U.S. Bankruptcy Judge
Serve:
Debtors [mail to each separately]
Richard Pomeroy, Asst. US Attorney
Larry Compton
US Trustee - Anchorage
Case Manager