Official Procedure Last Change May 29, 2012
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Bankruptcy > Notices & Certifications > Certification of Financial Management Course (Form 23) |
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U.S.C.: 111, 727(a)(11); 1328(g)(1) FRBP: 1007(b)(7) |
All individual debtors in a chapter 7 or chapter 13 case filed on or after October 18, 2005 are required to file a statement regarding completion of a course in personal financial management as a condition for receiving a discharge, unless the Court has granted a waiver of this requirement.
Note: If a permanent waiver of the Credit Counseling requirement is granted, this automatically waives the requirement to file a Certification of Financial Management Course.
Regardless of whether or not such a waiver has been granted, Official Form B23 (Debtor's Certification of Completion of Instructional Course Concerning Financial Management) must be filed with the Court before the discharge can be granted.
In a chapter 7 case, Form B23 is due within 60 days after the first date set for the meeting of creditors.
In a chapter 13 case, Form B23 is due no later than the last payment made by the debtor as required by the plan or the filing of a motion for hardship discharge.
Filing Requirements
Official Form B23 (Debtor's Certification of Completion of Instructional Course Concerning Financial Management) must be completed and include the Certificate number from the counseling, or include a copy of the Certificate, if available. Or, if the Court has granted a waiver of the financial management course requirement, indicate the basis for the waiver.
If filing the Certificate along with Form B23, both should be included in one PDF.
Form B23 must be signed by the debtor. Attorney signature is not sufficient, unless the debtor has been granted a waiver of the financial management course requirement.
If the Court has granted a waiver of the financial management course requirement due to the debtor being deceased, the attorney or other authorized representative should write this information on Form B23 and sign the form themselves.
On joint cases, a separate form B23 must be filed for each debtor (both can be included in one PDF and filed together, if desired).
2. Select Bankruptcy > Notices & Certifications
3. Enter the case number (e.g, xx-xxxxx). Click Next
4. Select Certification of Financial Management Course (Form 23) from the event list. Click Next
5. External Users Only: Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next
6. Select the party filer. If the party is not listed, click on Add/Create New Party
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association.
7. Browse to select the Certification (pdf file). Click Next
8. If the course certificate is included in the PDF, check Yes, else check No. Click Next
9. Verify the final docket text; if correct, click Next to submit your document
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.
Curing Deficiencies
If the Financial Management certification is deficient, an amended Certification must be filed prior to the deficiency deadline using the instructions above, or the document may be stricken. The bankruptcy case may also be closed without issuance of the discharge.