In Re Hess

MEMORANDUM OF DECISION

COLLEEN A. BROWN, Bankruptcy Judge.

Withdrawing Orders to Show Cause and Denying Motion to Dismiss

The above referenced debtors each filed a bankruptcy petition without the required proof of pre-petition credit counseling. The plain language of the Bankruptcy Code’s new eligibility provisions appears to mandate dismissal of the cases. However, there are extraordinary circumstances present that beg the question of whether dismissal is mandatory. The Court determines whether, under the totality of the circumstances presented, it has discretion to allow the cases to proceed,…