Official Procedure Last Change February 20, 2018

Motion Requesting Temporary or Permanent Waiver of Credit Counseling Requirement

How to file:  Location of event:   Bankruptcy > Motions, Applications & Briefs > Credit Counseling, Motion Requesting Temporary or Permanent Waiver of Things to be aware of when filing: The use of the court's sample form is recommended.

11 USC 109(h), 521(b) FRBP 1007(b)(3)

General Information

• Per 11 USC 521(b), an individual debtor shall file 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 in the Voluntary Petition 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

• The use of the court's sample form is recommended:

Motion for Temporary Waiver

Motion for Permanent Waiver

• The Motion must be signed by either the debtor or debtor's attorney.
• A Certificate of Service must be included.
• It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

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

9. Browse to attach the document to be filed (pdf file). Click Next.

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

11. 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.

12. Select prefix text, if applicable, 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.

13. Verify final docket text. If correct, click Next to submit.

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.