Motion Requesting Temporary or Permanent Waiver of Credit Counseling Requirement

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Bankruptcy > Motions, Applications & Briefs > Credit Counseling, Motion Requesting Temporary or Permanent Waiver of

 

U.S.C. 109(h), 521(b)

FRBP 100

 

General Information

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.

If the debtor indicates on Exhibit D that he or she was unable to obtain credit counseling in the 180 days before filing bankruptcy, a Motion for Temporary Waiver should be filed as a separate docket entry, stating the reasons why credit counseling could not be obtained prior to filing.

If the debtor is unable to complete the credit counseling because of incapacity, disability, or active military duty in a military combat zone, a Motion for Permanent Waiver should be filed instead.

 

 

Filing Requirements

Motion for Temporary Waiver

Motion for Permanent Waiver

 

Step-by-Step Procedures

1. Log into CM/ECF

 

2. Select Bankruptcy > Motions, Applications & Briefs

 

3. Enter the case number (e.g. xx-xxxxx). Click Next

 

4. Select Credit Counseling, Motion Requesting Temporary or Permanent Waiver of from the event list. Click Next

 

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

 

6. Check box if jointly filing with another attorney, click Next.

 

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

 

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

 

8. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next

 

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

 

9. Browse to select the Motion (pdf file).  Click Next

 

10. Select Exhibit D from the docket entries listed and click Next

 

11. Click the relevant option (temporary or permanent) and click Next

 

12. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next

 

13. Enter additional text, if desired, and/or select prefix text and click Next

 

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended. The additional text option is not always available.

 

14. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.