Temporary Waiver of Credit Counseling (Exigent Circumstances)

Last Updated: December 1, 2015

Individual debtors must complete Part 5 of the Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101). To request a temporary waiver of credit counseling, the debtor must check the appropriate box in Part 5 and attach a separate page explaining the efforts made to obtain the briefing as well as the exigent circumstances requiring the case to be filed.

The case may be dismissed if the court is dissatisfied with the reasons for not receiving a briefing before the case was filed.  If the court is satisfied with the reasons, the debtor must receive a briefing within 30 days after the case was filed.  A certificate from the approved credit counseling agency must be filed, along with a copy of the payment plan developed (if any). 

The temporary waiver terminates when the debtor meets the requirements for credit counseling participation, but not longer than 30 days after the case is filed, unless the court, for cause, extends this period up to an additional 15 days.

Court will:

  • Notify Administrative Law Clerk for review.

  • Chambers will either docket an entry "Temporary Waiver for Credit Counseling Requirement Reviewed" [Bankruptcy>Court Events>Temporary Waiver for Credit Counseling Requirement Reviewed], prepare order for Clerk's Office to enter, or notify calendar clerk to schedule a hearing.

  • Set a 30 day deadline for Certificate of Credit Counseling to be filed.  Compute 30 day deadline from date of filing of petition.

      1. Select  [Court Events ]

      2. Enter Case Number.

      3. Select [Update Deficiency Deadlines].

      4. Modify the date to date of case filing if necessary.

      5. Select Certificate of Credit Counseling box (insert date - 30 days from date of case filing) (Note: remove any other dates from boxes)

      6. Click [Next].

      7. Review docket text, if correct, click [Next].

      8. Case Manager to monitor 30 day due date.   If certificate of credit counseling is not filed or, a motion to dismiss is not filed by the U.S. Trustee, resubmit to Administrative Law Clerk for review.


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11/15

Updated reference to new forms effective 12/1/2015

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11 U.S.C. 109(h)(4)
FRBP: