In the case of In re Calderon, Case 06-10561 (Bankr.S.D.Fla. March 8, 2006)(Isicoff, J.) the court dismissed the Debtor’s case for failure to obtain the pre-filing credit counseling required by section 109(h)(1). The court further found that the Debtor did not meet the exception to the credit counseling requirement of section 109(h)(3).
As the court found that the Debtor was not eligible to be a debtor in this case, it held that this case did not constitute a “case of the debtor” for purposes of any subsequent bankruptcy case that the Debtor may seek to file. The court pointed out that the provisions of section 362(c)(3) regarding termination of the automatic stay would not apply if the Debtor were to file another bankruptcy petition within one year of the filing of the instant case.
