(6th Cir. B.A.P. Sep. 30, 2016)

The Sixth Circuit B.A.P. affirms the bankruptcy court’s order dismissing the Chapter 7 case for failure to complete the 11 U.S.C § 109(h) pre-petition credit counseling. The debtor argued the requirement should be waived in this case for reasons including that the §109(h)(2) and (3) exceptions should apply. The bankruptcy court held the exceptions did not apply. The debtor could not establish incapacity, because the debtor was able to complete the counseling post-petition, and the debtor failed to establish that the debtor could not obtain pre-petition counseling within seven days of a request or any other exigent circumstances. Opinion below.

Judge: Humphrey

Debtor: pro se