In Re Rios

MEMORANDUM DECISION STRIKING DEBTOR’S CHAPTER 7 PETITION FOR FAILURE TO COMPLY WITH 11 U.S.C. § 109(h)(1)

CECELIA G. MORRIS, Bankruptcy Judge.

The issue raised in this matter is whether a Chapter 7 debtor’s failure to seek credit counseling as required by 11 U.S.C. § 109(h)(1) or seek an extension of time to obtain the necessary credit counseling as set forth in § 109(h)(3) voids the bankruptcy filing completely, or merely renders the case subject to dismissal. The Court finds that under these circumstances, the Chapter 7 case should be stricken, as opposed to dismissed. In this ease, the…