Official Procedure Last Change June 2, 2010
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Bankruptcy > Bankruptcy > Schedules/Statement of Financial Affairs/Initial Required Documents > Exhibit D - Statement of Compliance with Credit Counseling Requirement |
U.S.C. 109(h), 521(b) FRBP 100 |
Per 11 U.S.C. 521(b), an individual debtor shall file Exhibit D with a certificate from an approved non-profit budget and credit counseling agent that provided the debtor services under section 109(h) describing the services provided to the debtor.
Debtor should have received an individual or group briefing from an approved nonprofit budget counseling agency described in section 111(a) within the 180 days preceding the date of filing of the petition.
Filing Requirements
Each debtor in a joint case must file a separate Exhibit D and credit counseling certificate. Both forms may be filed together in one PDF if desired.
Exhibit D must be signed by the debtor.
One of the first four check boxes on the Exhibit D must be checked, as follows:
Check the first box if debtors received credit counseling and a copy of the certificate (and the debt repayment plan, if any) is available. These must be filed along with the Exhibit D.
Check the second box if debtors received credit counseling, but they do not yet have the certificate. A copy of the certificate (and the debt repayment plan, if any) must be filed within 14 days of filing the petition.
Check the third box if debtors attempted to obtain credit counseling, but were unable to do so due to exigent circumstances, which must be listed. A Motion Requesting Temporary Waiver must also be filed as a separate docket entry. See sample form.
Check the fourth box if debtors are not required to take credit counseling due to incapacity, disability, or active military service in a combat zone. A Motion Requesting Permanent Waiver must also be filed as a separate docket entry. See sample form. If a permanent waiver is granted, this automatically waives the requirement to take the Financial Management course (although filing of a Form B23 will still be required).
The fifth box does not apply to the Southern District of Indiana, so should never be checked.
2. Select Bankruptcy > Bankruptcy > Schedules/Statement of Financial Affairs/Initial Required Documents
3. Enter the case number (in the format xx-xxxxx) and click Next
4. Select Exhibit D - Statement of Compliance with Credit Counseling Requirement 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. Select the party for which Exhibit D is being filed, Click Next
Note: A Separate Exhibit D form is required for Each Debtor in a Joint case.
8. Browse to select the Exhibit D and/or Certificate of Credit Counseling (pdf file). Click Next
9. Select the radio button below that matches the statement checked on Exhibit D
10. If you selected the second radio button (counseling obtained by certificate not attached), the date of the certificate is due is displayed, Click Next
11. Answer the question about debt repayment plan if asked by choosing Yes or No and Click Next
12. Verify the final docket text; if correct, click Next to submit your document(s)
DOCKET TEXT: Exhibit D to Petition: Individual Debtor’s Statement of Compliance with Credit Counseling Requirement {with attachments} {for both, debtor or joint debtor} filed by Attorney on behalf of Debtor(s).
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 Exhibit D is deficient, an amended document must be filed prior to the deficiency deadline using the instructions above, or the bankruptcy case may be dismissed.