- Bookmark
- Share
- CaseIQ
In re: Ernest Zachary Rice, Jr.
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
In re: Case No. 26-47432 ERNEST ZACHARY RICE, JR., pro se, Chapter 7 Debtor. Judge Thomas J. Tucker /
ORDER DISMISSING CASE,
AND BARRING THE DEBTOR FROM FILING ANY NEW BANKRUPTCY CASE
UNLESS AND UNTIL HE FIRST PAYS IN FULL THE FILING FEE FOR THIS CASE
On June 30, 2026, the Debtor filed a voluntary petition for relief under Chapter 7, commencing this case. On July 14, 2026, the Debtor filed a "Certificate of Counseling" (Docket # 22), which states that on July 14, 2026, 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.
The Debtor only received a credit counseling briefing fourteen days after filing the bankruptcy petition. 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 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 petition(s) by or on behalf of the Debtor, unless and until the Debtor first pays in full the $338.00 filing fee for this case.
1
Signed on July 15, 2026
2
Alert