Motion for Waiver of Credit Counseling
Last Updated: March 22, 2019

11 U.S.C. 109(h)(4)
Fed. R. Bank. P.

Event: Bankruptcy > Motions/Applications > Waiver of Credit Counseling

 

All individual debtors must receive credit counseling from an approved credit counseling agency within 180 days BEFORE filing for bankruptcy. Limited exceptions are noted on page 5 of the Petition (Question #15).

Filing Requirements for a Motion for Waiver of Credit Counseling:

  • Motion for Waiver of 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 [Waiver of Credit Counseling] from the event list.

  5. Select the party filer.

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

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

  8. 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.

  9. 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.

  10. Docket the Proposed Order. Instructions