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Waiver of Credit Counseling and Financial Management

Tue, 10/29/2013 - 5:00am

Debtors who are incapacitated, disabled or on active military duty in a combat zone may request a finding by the court that the debtor is unable to complete the requirements for pre-filing credit counseling (11 U.S.C. § 109(h)(1)) or an instructional course concerning personal financial management as a condition of discharge (11 U.S.C. §§ 727(a)(11), and 1328(g)(1)). The court has posted four form motions for use in requesting this relief pursuant to 11 U.S.C. 109(h)(4). A debtor may request:

  1. a waiver of both the credit counseling and debtor education requirements in a chapter 7 case with one motion;

  2. a waiver only of credit counseling in a chapter 13 case;

  3. a waiver only of financial management requirement later in a chapter 13 case; and

  4. a waiver of the financial management requirement in a chapter 7 case when credit counseling was not initially waived.

Beginning November 1, 2013, the debtor is responsible for selecting a passive notice hearing date, completing the form motion, serving all parties in interest, filing documentation of the condition as noted in the motion, and presenting a completed proposed order. A new CM/ECF event has been created for the filing of documentation in support of these motions (Restricted Documents in Support of Waiver of Credit Counseling or Financial Management) and these documents are available only to the trustee, United States trustee, and judge. Please do not use previous versions of these forms.