In Re Francisco

MEMORANDUM OPINION IN SUPPORT OF ORDER DISMISSING CASE FOR FAILURE TO OBTAIN BUDGET AND CREDIT COUNSELING PRIOR TO DATE OF FILING OF PETITION

JAMES S. STARZYNSKI, Bankruptcy Judge.

Nothing is simple.

That proposition is not surprising when applied to, say, quantum electrodynamics 1 ; it is more so when applied to § 109(h)(1) 2 . Nevertheless, a growing body of conflicting case law discloses clearcut disagreements about the interpretation of § 109(h)(1) and what to do about perceived violations.

Section 109(h)(1) 3 provides in relevant part as follows:

[A]n individual may not be a debtor under this…