Motion/Request for Exemption from Credit Counseling
Last Updated: December 1, 2009

All individual debtors must file (WITH THE PETITION) Exhibit D - Individual Debtor's Statement of Compliance with Credit Counseling Requirements (Official Form 1, Exhibit D). Exhibit D MUST include one of the following:

  1. an attached Certificate of Credit Counseling, or a

  2. statement that the debtor has received the credit counseling briefing but does not have the certificate, or a

    Note: The Certificate is due within 14 days.

  3.  § 109(h)(3) Certification of Exigent circumstances, or a

    Judge Furay:
    A Motion and Proposed Order for Temporary Waiver of Credit Counseling Requirement is required.

  4. § 109(h)(4) Request for Exemption from Credit Counseling.

Filing Requirements for a Motion/Request for Exemption from Credit Counseling:

  • Motion/Request for Exemption from Credit Counseling

  • Notice of Motion. Usually 14 days to object unless circumstances require more or less time.  Notice is sent to the parties in interest.

  • Proof of Service

  • Proposed Order (may be filed after the last day to object has expired)


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

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

  4. Select [Exemption from Credit Counseling] from the event list.

  5. Skip the Joint Filing screen  

  6. Select the party filer.

  7. Browse to select the Request for Exemption from Credit Counseling (pdf file).

  8. Enter reason for Exemption (incapacity, disability, or active military duty in a military combat zone),

  9. Enter the last day to object (defaults to 14 days; modify if necessary).

    Note:  Remove this date if you are not filing a Notice at this time.

  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.

  11. Docket the Proposed Order. Instructions

     

     

     

     

     

    U.S.C.: 109(h)(4)
    FRBP: