UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

In Re:

Case No. 21-11540-PDR

Omayra Noemi Rodriguez Ruiz,

Chapter 7

Debtor.

/

ORDER DENYING MOTION TO WAIVE FINANCIAL 

COUNSELING REQUIREMENT AND DISMISSING CASE

This matter came before the Court for hearing on March 4, 2021, on Omayra 

Noemi Rodriguez Ruiz’s Motion to Waive Requirement of Financial Counseling within 

180 days of Filing for Bankruptcy. (ECF No. 9). For the reasons below, this 

bankruptcy case is dismissed. However, since Ms. Rodriguez Ruiz was never a debtor 

in this case, this case does not constitute a “case of the debtor” for purposes of any 

subsequent bankruptcy petition that Ms. Rodriguez Ruiz may file.

Peter D. Russin, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on March 15, 2021.

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Under 11 U.S.C. § 109(h)(1), “an individual may not be a debtor under this title 

unless such individual has, during the 180-day period ending on the date of filing of 

the petition by such individual, received from an approved nonprofit budget and 

credit counseling agency ... an individual or group briefing ... that outlined the 

opportunities for available credit counseling and assisted such individual in 

performing a related budget analysis.” However, under 11 U.S.C. § 109(h)(3),

§ 109(h)(1) does not apply to an individual who submits a certification that: 

“(i) describes exigent circumstances that merit a waiver of the [financial counseling 

requirement]; (ii) states that the debtor requested credit counseling services from an 

approved nonprofit budget and credit counseling agency, but was unable to obtain 

[the counseling] during the 5–day period beginning on the date on which the debtor 

made that request; and (iii) is satisfactory to the court.”

Omayra Noemi Rodriguez Ruiz filed a pro se Chapter 7 petition on February 7, 

2021. (ECF No. 1). On February 17, 2021, she filed her request to waive the financial 

counseling requirement under 11 U.S.C. § 109(h)(1) because, due to her financial 

hardship, she was unable to pay for the courses. (ECF No. 9). Upon review and based 

on Ms. Rodriguez Ruiz’s statements at the hearing, it is apparent that she has not 

met the second requirement of 11 U.S.C. § 109(h)(3). As a result, her motion must be 

denied, and her case must be dismissed.

However, the Court notes that its dismissal does not preclude Ms. Rodriguez 

Ruiz from filing a second case if she meets the filing requirements — including timely 

completion of credit counseling. Further, since Ms. Rodriguez Ruiz “has never been 

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a debtor,” this case does not constitute a “case of the debtor.” See In re Calderon, 

No. 06-10561, 2006 WL 871477, at *1 (Bankr. S.D. Fla. Mar. 8, 2006). So, for 

example, 11 U.S.C. § 362(c)(3), which applies to termination of the automatic stay “if 

a single or joint case of the debtor was pending within the preceding 1–year period 

but was dismissed,” would not apply if Ms. Rodriguez Ruiz decides to file another 

bankruptcy petition within one year of the instant case. See Calderon, 2006 WL 

871477, at *1. Accordingly, the Court ORDERS:

1. Debtor’s Motion to Waive Requirement of Financial Counseling within 

180 days of Filing for Bankruptcy (ECF No. 9) is DENIED.

2. This case is DISMISSED without prejudice.

3. All pending motions are DENIED as moot.

4. (If applicable) the trustee shall file a final report within 14 days of entry 

of this order.

5. The debtor shall immediately pay to the Clerk, U.S. Court, Federal 

Building, 299 E Broward Blvd, Room 112, Ft Lauderdale FL 33301, $338.00 for the 

balance of the filing fee as required by Local Rule 1017−2(E). Payment must be made 

in cash, money order or cashier's or "official" check. Any funds remaining with the 

trustee shall be applied to this balance in accordance with the Bankruptcy Code and 

Local Rule 1017−2(F), unless otherwise ordered by the court. The court will not 

entertain a motion for reconsideration of this order unless all unpaid fees are paid at 

the time the motion is filed.

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Copies Furnished To: All parties in interest.

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