Thomas J. Tucker
Chapter 7
Judge Thomas J. Tucker
ORDER DENYING DEBTORS' MOTION TO REINSTATE CASE
This case is before the Court on Debtor's motion entitled "Motion To Reinstate Case," filed on January 3, 2013 (Docket # 18, the "Motion"), which this Court construes as a motion for reconsideration of, and for relief from, the Court's January 2, 2013 Order dismissing this case (Docket # 17).
The Court has reviewed and considered the Motion, and finds the Motion fails to demonstrate a palpable defect by which the Court and the parties have been misled, and that a different disposition of the case must result from a correction thereof. See Local Rule 9024-1(a)(3).
In addition, the Court notes the following. First, the allegations in the Motion do not establish excusable neglect under Fed.R.Civ.P. 60(b)(1), Fed.R.Bankr.P. 9024, or any other valid ground for relief from the order dismissing this case.
Second, this case cannot be reinstated in any event, because the Debtors are not eligible to be debtors in this 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 individ, on ual in performing a related budget analysis.
Debtors each only received a credit counseling briefing thirteen days
after filing the bankruptcy petition in this case, on December 27, 2012.
See Docket # 13. With exceptions not applicable here,
11 U.S.C. § 109(h)(1) requires a debtor to obtain a credit counseling briefing
on or before the date of filing the bankruptcy petition.
Accordingly,
IT IS ORDERED that the Motion (Docket # 18) is denied.
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Thomas J. Tucker
United States Bankruptcy Judge