Certificate of Credit Counseling and/or Exhibit D

CERTIFICATE OF CREDIT COUNSELING AND/OR EXHIBIT D

Overview:

Generally (subject to the provisions of paragraphs 109(h)(2), (3) & (4)) an individual cannot be a debtor under 11 U.S.C. 109 unless such individual has received credit counseling during the 180 day period preceding the filing of the bankruptcy petition.  The credit counseling must have been received from an approved non-profit budget and credit counseling agency and the debtor(s) must file a separate certificate evidencing that credit counseling was received. Every individual debtor must also file an Exhibit D.  If a joint petition is filed, each spouse must file and complete a separate Exhibit D.

 

Codes, Rules and Forms:

Bankruptcy Code:

109(h)

Bankruptcy Rule:

1007(b)(3)

Local Rule:

None

Official Form:

B 1D

 

CM/ECF Event(s):

            Miscellaneous, Certificate of Credit Counseling
            Miscellaneous, Debt Repayment Plan under 109(h)

            Miscellaneous, Exhibit D- Individual Debtors Statement of Compliance with Credit Counseling Requirement
            Miscellaneous, Statement of Exigent Circumstances regarding Credit Counseling