In re Cleaver

Debtor filed a petition under BAPCPA and sought to have the requirements of 109(h) waived.  The court found that the fact that the debtor's residence was about to be sold at a sheriff's sale satisfied the exigent circumstances requirement but the debtor did not meet the requirement for a waiver of credit counseling because his motion did not mention anything about attempts he made to obtain a credit briefing before he filed his petition, but only promised that he would promptly obtain the briefing post-petition.