In re John, No. 5:08-bk-52505-JJT, 2012 WL 1998405, at *4–*5 (Bankr. M.D. Pa. June 4, 2012) (Thomas)

180-day period in § 109(h)(1) is counted backwards from date of petition; stale briefing certificate is excused when plan has been completed and no prejudice is apparent. The Chapter 13 petition was filed on September 8, 2008. The briefing certificate was dated March 11, 2008. If counted backwards from the petition date, the briefing certificate was untimely. If counted forward using Bankruptcy Rule 9006(a), the last day of the 180-day period fell on a weekend and the certificate would be timely. Acknowledging the changes to § 109(h)(1) by the Bankruptcy Technical Corrections Act of 2010, “[r]egardless of which statutory reading is applied . . . the result is the same. . . . Rule 9006(a) is applicable to § 109(h), and the period will be calculated backwards from the date of the petition. . . . Debtors did not satisfy the statutory requirements of § 109(h). . . . Had I acted contemporaneously or shortly after the filing of the underlying Motion to Dismiss, then I believe undoubtedly I would have dismissed the underlying case. But for a reason or reasons which are inexplicable at this time, this matter was not again brought to my attention until quite recently when the Final Report was filed. . . . I find it sufficient to utilize my authority under § 105 to excuse the technical non-compliance with § 109(h). At no time was the Debtors’ good faith questioned in this case, and I simply cannot find that any party will be prejudiced by allowing this case to proceed to its logical conclusion.”

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