Opinion
Case No. 08-00018.
February 22, 2008
MEMORANDUM DECISION AND ORDER DENYING EMERGENCY MOTION FOR RECONSIDERATION
The debtor Alphonzo Richardson, Jr. has filed a document making clear that he intended to be a debtor in this case even though the other debtor, Darlene Richardson, signed the petition on his behalf. The debtors have also filed certificates of credit counseling dated January 28, 2008, which is a date afer the filing of the petition commencing this case. The court previously ruled that the debtors failed to describe in Exhibit D to the petition and in their application for an extension of the time to complete credit counseling any exigent circumstances that necessitated the filing of this case without awaiting obtaining credit counseling, and entered an order dismissing the case. The debtors have now filed an Emergency Motion for Reconsideration. That motion explains that the debtors' debts have become unbearable (given the number of dependents they take care of) and thus they decided to file bankruptcy in order to get some relief. This does not rise to the level of exigent circumstances meriting a waiver of the requirement of § 109(h)(1) that a debtor obtain credit counseling prior to filing a bankruptcy case. Now that the debtors have certificates of credit counseling, they may file a new case (within 180 days of obtaining such counseling if they are going to rely on those certificates in lieu of new credit counseling). It is thus
ORDERED that the Emergency Motion for Reconsideration is DENIED.
The Memorandum Decision and Order below is hereby signed.