"An involuntary case may be commenced only under chapter 7 or 11 of this title, and only against a person, except a farmer, family farmer, or a corporation that is not a moneyed, business, or commercial corporation, that may be a debtor under the chapter under which such case is commenced." For an analysis of § 109(h)(4), see In re Tulper, 345 B.R. 322 (Bankr.D.Colo.2006), in which the debtors were granted an exemption to the Credit Counseling Requirements based upon incapacity. "(a) The court may dismiss a case under this chapter only after notice and a hearing and only for cause, including (1) unreasonable delay by the debtor that is prejudicial to creditors; (2) nonpayment of any fees or charges required under chapter 123 of title 28; and (3) failure of the debtor in a voluntary case to file, within fifteen days or such additional time as the court may allow after the filing of the petition commencing such case, the information required by paragraph (1) of section 521, but only on a motion by the United States trustee."
For an analysis of § 109(h)(4), see In re Tulper, 345 B.R. 322 (Bankr.D.Colo. 2006), in which the debtors were granted an exemption to the Credit Counseling Requirements based upon incapacity.