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In re: FRANK E. MANGINELL, Debtor.

Thomas J. Tucker

Chapter 7
Judge Thomas J. Tucker

ORDER DISMISSING CASE

On November 27, 2013, Debtor filed a voluntary petition for relief under Chapter 7, commencing this case. Also on November 27, 2013, Debtor filed a "Certificate of Counseling" (Docket # 3), which states that on April 16, 2013, Debtor received "an individual [or group] briefing that complied with the provisions of 11 U.S.C. §§ 109(h) and 111" (emphasis added).

Debtor is not eligible to be a debtor 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 individual in performing a related budget analysis.

(emphasis added). Debtor received his credit counseling briefing more than 180 days before he filing the bankruptcy petition.

Accordingly,

IT IS ORDERED that this case is dismissed.

_____________


Thomas J. Tucker


United Stutes Bankruptcy Judge



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In re Manginell
(Dec 5, 2013)