Opinion
Case No. A05-02243-DMD.
November 29, 2005
ORDER SETTING DEADLINE FOR BRIEFING ON MOTION FOR RECONSIDERATION
On November 25, 2005, the debtor filed a motion for reconsideration of this court's order and judgment entered November 17, 2005, dismissing this case. The debtor's petition was dismissed because he had failed to obtain pre-petition credit counseling and the court found that he didn't qualify for the exception to that requirement found in 11 U.S.C. § 109(h)(4). There is no issue regarding the debtor's good faith in filing his motion for relief from the § 109(h)(1) requirements. The debtor has now obtained the required counseling. He asks for reconsideration on the ground that a debtor seeking a waiver of the pre-petition counseling requirement under § 109(h)(4) is not required to seek credit counseling before the court determines whether he is entitled to that waiver. This is a matter of first impression in this district. Therefore,
IT IS ORDERED:
1) The United States Trustee may file a response to the debtor's motion for reconsideration by no later than DECEMBER 14, 2005.
2) The debtor may file a reply to the United States Trustee's response by no later than DECEMBER 21, 2005.
The matter will thereafter be deemed submitted.