Motion for Waiver of Credit Counseling

Last Updated: December 1, 2015

Individual debtors must complete Part 5 of the Voluntary Petition for Individuals Filing for Bankruptcy (Official Form 101).  If Part 5 indicates the debtor is not required to receive credit counseling, a motion for waiver of credit counseling must be filed with the court.

Filing Requirements:

  • Motion for Waiver of Credit Counseling.

  • Notice of Motion with 14 days objection period.  Notice is sent to interested parties.

  • Proof of Service

  • Proposed Order Instructions.


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.

    Note: To accurately report statistics to Congress, it is crucial that the correct event is selected.

  5. Skip the Joint Filing screen.

  6. Select the party filer.

  7. Enter a "y or n" if the notice and proof of service are included with the motion.

    Note:  The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  8. Enter reason for waiver (incapacity, disability, or active military duty in a military combat zone) and select [Next].

  9. Enter date served.

  10. Browse to select the Motion (.pdf file).

  11. Modify the text as appropriate.

  12. 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.

  13. Submit proposed order.  Instructions.

 

 

 

 

 

 

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