In re: Ramey, No. 16-8015 (6th Cir. 2016)
Annotate this CaseRamey filed a pro se Chapter 7 petition and sought permanent waiver of the pre-petition credit counseling requirement of 11 U.S.C. 109(h), arguing incapacity and exigent circumstances. The bankruptcy court found that the motion failed to comply with local notice rules. The case was then dismissed because Ramey failed to file schedules and other initial documents. Weeks later, Ramey filed a credit counseling certificate that was completed post-petition and other documents. Ramey sought to vacate the dismissal, but her filing did not address credit counseling. The court denied Ramey’s motion, citing the lack of pre-petition counseling. Weeks later, Ramey again moved to waive the requirement and vacate the dismissal, citing medical issues. The court denied the motion, stating that Ramey did not meet the definition of incapacity or disability, having successfully completed counseling, post-petition. The Sixth Circuit Bankruptcy Appellate Panel affirmed, stating that the court must apply the statute as written. Exceptions to the pre-petition counseling requirement apply only if the court determines, after a hearing, that debtor is unable to complete those requirements because of incapacity, disability, or active duty in a military combat zone. Incapacity “means that the debtor is . . . incapable of realizing and making rational decisions.” Disability means that “the debtor is so physically impaired as to be unable, after reasonable effort, to participate in an in person, telephone, or Internet briefing.”
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