Warren v. Wirum, 378 B.R. 640 (N.D. Cal. 2007)
    1)  Because credit counseling under § 109(h) is not jurisdictional, the debtor was judicially estopped from dismissing his case for failing to obtain it, citing In re Mendz, 367 B.R. 107 (9th Cir. BAP 2007); 2)  unless the debtor asks to be excused from filing payment advices or the trustee moves the court to decline from dismissing, the case is automatically dismissed, and the court may not retroactively waive the debtor’s obligation to file payment advices.

In re Mendez, 367 B.R. 109 (9th Cir. BAP 2007)
    Pre-bankruptcy credit counseling is not a jurisdictional prerequisite, but an eligibility requirement subject to waiver and estoppel.  Debtor waived strict compliance with credit counseling requirements, and could not use noncompliance offensively to obtain dismissal of her bankruptcy case.