FLINT BANKRUPTCY ATTORNEY PRESENTS THE NEED FOR CREDIT COUNSELING.

BANKRUPTCY FLINT ATTORNEY POSTING BY Flint Bankruptcy Lawyer Terry R. Bankert

See:UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION ,In re: Case No. 11-44277,RASUL ALFURATI, Chapter 7,Debtor. Judge Thomas J. Tucker. March 14, 2011[Comments of Flint Bankruptcy lawyer Terry R.Bankert ,810-235-1970 ,in bracket or CAP headlines. If you have bankruptcy questions call today-trb. ]



THIS CASE CONCERNS AN ORDER DENYING MOTION TO REINSTATE CHAPTER 7 CASE

This case is before the Court on Debtor’s motion entitled “Motion to Reinstate Chapter 7

Case,” filed on March 10, 2011 (Docket # 13, the “Motion”), which this Court construes as a

motion for reconsideration of, and for relief from, the Court’s March 8, 2011 Order dismissing

this case (Docket # 9).

YOUR MOTIONS MUST FIND A PALPABLE DEFECT

The Court has reviewed and considered the Motion, and finds the Motion fails to

demonstrate a palpable defect by which the Court and the parties have been misled, and that a

different disposition of the case must result from a correction thereof. See Local Rule 9024-

1(a)(3).

In addition, the Court notes the following.

NO EXCUSABLE NEGLECT

First, the allegations in the Motion do not establish excusable neglect under Fed.R.Civ.P. 60(b)(1), Fed.R.Bankr.P. 9024, or any other valid ground for relief from the order dismissing this case.

DEBTOR DID NOT GET REQUIRED CREDIT COUNSELING TIMELY

Second, Debtor is not eligible to be a debtor in this case under 11 U.S.C. § 109(h)(1).

That provision provides in relevant part, that an individual may not be a debtor under this title unless such individual has, during the 180-day period preceding the date of

filing the petition by such individual, received from an approved

nonprofit budget and credit counseling agency described in section

111(a) an individual or group briefing (including a briefing

conducted by telephone or on the Internet) that outlined the

opportunities for available credit counseling and assisted such

individual in performing a related budget analysis.

CREDIT COUNSELING REQUIRED BEFORE THE FILING

Debtor only received credit counseling after the petition was filed. Debtor filed a voluntary

petition for relief under Chapter 7 on February 20, 2011 at 11:20 p.m. Eastern Standard Time,

which equates to 8:20 p.m. Pacific Standard Time (“PST). On March 9, Debtor filed a

Certificate of Counseling which states that on February 20, 2011 at 9:23 p.m. PST, Debtor

received “an individual [or group] briefing that complied with the provisions of 11 U.S.C.

§§ 109(h) and 111.” (Emphasis added). With exceptions not applicable here, 11 U.S.C.

§ 109(h)(1) requires a debtor to obtain credit counseling before filing a bankruptcy petition.

For all of these reasons, ,

IT IS ORDERED that the Motion (Docket # 13) is denied.
 
[Question ? Contact
http://attorneybankert.com/

Sphere: Related Content