In Re Luedtke

MEMORANDUM DECISION DETERMINING FILING DATE OF PETITION

MARGARET DEE MCGARITY, Bankruptcy Judge.

The bankruptcy clerk’s office received the chapter 7 debtor’s petition on October 20, 2005. Because the petition was received after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the clerk’s office requested from the debtor either a certificate of briefing required under 11 U.S.C. § 109(h) or completion of the form for filing a case without credit briefing.

The debtor, an inmate at Redgranite Correctional Institution, responded to the clerk’s request by…