Opinion
Case No. 07-25755-B-7, D.C. No. MLG-5.
December 11, 2007
MEMORANDUM DECISION
On October 25, 2007, pro se debtor Michael Linden Gates filed an application for an exemption from the course in personal financial management ("the Application"). (Dkt. 31). On October 30, 2007 the court issued an order establishing a briefing schedule establishing a briefing schedule. (Dkt. 34). Under the briefing schedule, written opposition to the Application was to be filed on or before November 20, 2007. The debtor was to reply to any written opposition on or before November 27, 2007. No hearing on the Application was set. No written opposition having been filed, the court now issues the following ruling on the merits of the Application.
The Application is granted. The requirement of completing an instructional course in personal financial management set forth in 11 U.S.C. § 727(a)(11) shall not apply to the debtor. Pursuant to 11 U.S.C. § 727(a)(11), the requirement of completion of a course in personal financial management shall not apply to a debtor who is a person described in 11 U.S.C. § 109(h)(4). Section 109(h)(4) describes a debtor with a "disability" as a debtor who is "so physically impaired as to be unable, after reasonable effort, to participated in an in person, telephone, or Internet briefing required under [Section 109(h)(1)]." 11 U.S.C. § 109(h)(4).
The court finds that the debtor is "disabled" within the meaning ascribed in Section 109(h)(4) and that he is entitled to a waiver of the obligation to obtain a certificate showing completion of a course in personal financial management. The debtor is presently incarcerated in Vacaville, California. He is therefore unable to physically attend a personal financial management course. He also lacks access to the Internet and due to constraints placed by the California Department of Corrections, debtor cannot contact debtor education agencies by phone. Debtor is unable to make anything but collect phone calls and collect calls may not be made to toll free numbers. The court takes judicial notice pursuant to Federal Rule of Evidence 201 of the list of debtor education agencies approved for use in the Eastern District of California available at
http://www.usdoj.gov/ust/eo/bapcpa/ccde/DE_Files/DE_Approved_Agencies_HTML/de_california/de_california.htm. Nearly all of the debtor education agencies certified by the United States trustee have toll free numbers. Those that do not provide in-person education. Debtor effectively has no way to comply with Section 727(a)(11). For this reason, the court finds that he is disabled within the meaning of that term as used in 11 U.S.C. § 109(h)(4).The court will issue an order consistent with the foregoing decision.