UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF KENTUCKY

COVINGTON DIVISION

IN RE:

ROBERT SCOTT RIDDLE

DEBTOR                                                                                CASE NO. 08-20951

MEMORANDUM OPINION

           This matter is before the court on Debtor’s Motion for Waiver of Pre-Filing Bankruptcy Credit Counseling Requirement (DOC 2). The court has read Debtor’s Memorandum in Support of Waiver of Pre-Filing Bankruptcy Credit Counseling Requirement (DOC 15). The issue before the court is whether the debtor has adequately described exigent circumstances meriting a waiver of pre-filing credit counseling briefing.

     Facts. The debtor filed his bankruptcy petition on May 12, 2008. The bankruptcy was filed because a Commissioner’s Sale on his home was scheduled for May 13, 2008. The debtor had not received pre-filing credit counseling, but had requested pre-filing counseling with a waiver of the pre-filing counseling fee because the debtor had no funds to pay for the counseling; the waiver was not granted.

     Conclusions of Law. 11 U.S.C. § 109(h)(1) states that an individual may not be a debtor if the individual has not received pre-filing credit counseling. 11 U.S.C. § 109(h)(3) states, inter alia, that the requirement of receiving pre-filing credit counseling shall not apply if exigent circumstances meriting a waiver is submitted to the court.

     The case at present is analogous to a 2005 case in the Southern District of Florida. “Clearly, exigent circumstances existed in regard to Mirely Valdez’s concern to save her homestead. However, the term exigent circumstances, as used in Section 109 of the Bankruptcy Code, does not appear to refer to a prospective debtor’s problems or situation, but rather it appears to refer to the circumstances preventing the person from obtaining the required budget and credit counseling and the certificate confirming same. It seems from the language of the statute that a debtor must certify that ‘exigent circumstances’ prevented the Debtor from obtaining counseling, but that such counseling was attempted and the debtor was unable to obtain the services within 5 days of the attempt.” In re Valdez, 355 B.R. 801, 803 (Bankr. S.D. Fla. 2005).

     Here the debtor has not shown exigent circumstances meriting a waiver of the pre-filing credit counseling requirement as debtor has not shown exigent circumstances that prevented him from obtaining the counseling. For that reason, Debtor’s Motion for Waiver of Pre-Filing Bankruptcy Credit Counseling Requirement (DOC 2) is hereby DENIED and the bankruptcy case is DISMISSED.  

Copies to:

Debtor

Peter B. Coughlan, Esq.

Beverly M. Burden, Esq.

U.S. Trustee