ORDER DISMISSING CASE, AND BARRING THE DEBTOR FROM FILING ANY
NEW BANKRUPTCY CASE UNLESS AND UNTIL THE DEBTOR HAS PAID IN FULL
THE FILING FEE FOR THIS CASE
On April 2, 2026, the Debtor filed a voluntary petition for relief under Chapter 7, commencing this case, and also filed, among other documents, a "Certificate of Counseling"
(Docket # 5), which states that on September 17, 2025, the Debtor received "an individual [or group] briefing that complied with the provisions of 11 U.S.C. §§ 109(h) and 111."
The 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).
The Debtor did not receive the required credit counseling briefing during the 180-day period ending on the date of the filing of his petition. In this case, the "180-day period ending on" the petition date of April 2, 2026 began on October 4, 2025. The Debtor received the credit counseling briefing on September 17, 2025, 17 days before the 180-day period began. Because the Debtor is not eligible to be a debtor in this case, the case must be dismissed.
IT IS ORDERED that this case is dismissed.
IT IS FURTHER ORDERED that the Debtor is barred from filing any new case under the Bankruptcy Code, and the Clerk is directed not to accept for filing any further bankruptcy
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