Exigent Circumstances Re: Credit Counseling

12/01/2015

 

11 U.S.C. § 109(h)(3)(A)

 

The debtor may file a statement/certification if certain circumstances exist that prevented the debtor from obtaining credit counseling before the filing of the petition.

 

The certification must contain a:
 

  • description of exigent circumstances that merit a waiver of the requirement that credit counseling be obtained prior to the date of the filing of the petition, and
     
  • statement that the debtor requested credit counseling services from an approved nonprofit budget and credit counseling agency, but was unable to obtain the services during the 7-day period beginning on the date on which the debtor made the request.

 

If the court finds the certification to be satisfactory, the debtor must obtain the credit counseling within 30 days after the date on which the petition was filed.  The court may, for cause, extend this time period for an additional 15 days. See 11 U.S.C. § 109(h)(3)(B).

 

A certification form is available on the court's web site.  (Local Form MSSB-CC-E Certification of Exigent Circumstances)

 

Docket Event:

[Bankruptcy> Other> Exigent Circumstances re: Credit Counseling]

 

Requirements:

EE Cases

KMS Cases

NPO Cases

Certification

Certification

Certification

Set for Hearing

Set for Hearing

Set for Hearing