In re Cox, 2007 WL 4355254, No. 07-10787-JDW (Bankr. M.D.Ga. Nov 29, 2007).  Prison is no excuse for not completing the financial management course, as required in §727(a)(11) and §109(h)(4).

The Court agrees with [ In re Rendler, 368 B.R. 1 (Bankr.D.Minn.2007)] that an incarcerated debtor is prevented from obtaining a financial management course by his personal circumstances; not by a physical disability. Mr. Cox’s restrictions are imposed by the state, not by some physical impairment and, therefore, cannot be the basis of exemption from the financial management course. Furthermore, the Court is not persuaded it has the authority to waive the financial management course requirement in circumstances other than those expressly stated in the Bankruptcy Code. 

Even though the Court cannot waive the financial management course requirement for Mr. Cox, Debtors are not without recourse. Ms. Cox’s discharge will be unaffected by Mr. Cox’s failure to take the course. In addition, when Mr. Cox completes his prison sentence, he may be able to reopen his bankruptcy case, take the financial management course, and file the necessary certificate of completion. Making such a late filing would be dependant on a showing of excusable neglect pursuant to Federal Rules of Bankruptcy Procedure 1007(c) and 9006(b), which is a question for another day.