Exigent Circumstances Re: Credit Counseling

Rev. 1/15/2019

 

11 U.S.C. § 109(h)(3)(A)

 

 

The debtor may file a statement or certification if certain circumstances exist that prevents the debtor from receiving credit counseling before the filing the petition.

 

The certification must contain:
 

  • description of exigent circumstances that merits a waiver for receiving credit counseling before filing their petition, and
     
  • a statement that the debtor did request credit counseling services from an approved nonprofit budget and credit counseling agency, but was unable to obtain the services within seven days beginning on the date the debtor made the request.

 

If the court finds the certification to be satisfactory, the debtor must obtain the credit counseling within 30 days from the filing of the petition. The court may, for cause, extend the period for an additional 15 days. See 11 U.S.C. § 109(h)(3)(B).

 

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

 

 

Docket Event:

 

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

 

Requirements:

 

KMS Cases

NPO Cases

Certification

Certification

Set for Hearing

Set for Hearing