Official Procedure Last Change December 28, 2020
Financial Management
General Information
- All individual debtors in a chapter 7 or chapter 13 case 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 B423 (Debtor's Certification of Completion of Instructional Course Concerning Financial Management) must be filed with the Court before the discharge can be granted. If the financial management course provider has filed the course certificate, the debtor does not have to file Form B423.
- In a chapter 7 case, Form B423 is due within 60 days after the first date set for the meeting of creditors.
- In a chapter 13 case, Form B423 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.
See information on special requirements for deceased debtors
Filing requirements
- If the financial management course provider has filed the course certificate, the debtor does not have to file form B423. Otherwise:
- Official Form B423 (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.
- Form B423 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 B423 and sign the form themselves.
- On joint cases, a separate form B423 must be filed for each debtor (both can be included in one PDF and filed together, if desired).
- On consolidated cases, the separate B423 forms should both be filed in the lead case only.
Step-by-Step Instructions
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Providers of Financial Management courses can file the course certificates using the eFinCert system, which does not require a login or password.
All other users should use the following instructions instead.
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1. Log into CM/ECF.
2. Select Bankruptcy > Notices & Certifications.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Certification of Personal Financial Management Course from the event list and click Next.
5. 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, or cannot be selected, view instructions on adding a 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.
7. Browse to select the document to be filed (pdf file). Click Next.
8. If the course certificate is included in the PDF, check Yes, else check No. Click Next.
9. Select prefix text, if applicable, and click Next.
10. Verify the final docket text; if correct, click Next to submit your document(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.