Notice to Bankruptcy Practitioners Regarding Credit Counseling Compliance

Release Date: 
Friday, November 4, 2005

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NOTICE TO BANKRUPTCY PRACTITIONERS REGARDING CREDIT COUNSELING COMPLIANCE

Local Bankruptcy Rule 1007-3(a) specifies that a debtor who files a certification under 11 U. S. C. §109(h)(3)(A) shall also file a motion for approval of the certification. A certification under this statute describes the “exigent circumstances” why a debtor could not obtain credit counseling services prior to the filing of the petition.

A Certification of Credit Counseling, provided by an approved agency pursuant to 11 U. S. C. §109(h)(1), does not require a motion for approval.