EXEMPTIONS AND WAIVERS REGARDING CREDIT

U.S. Bankruptcy Court for the Eastern District of New York

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of New York

Rule: 1007-2

Jurisdiction: EDNYB

Bluebook Citation: Bankr. E.D.N.Y. R. 1007-2

All Rules: Bankr. E.D.N.Y. Local Bankruptcy Rules, complete index


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COUNSELING REQUIREMENT; WAIVER OF PERSONAL FINANCIAL MANAGEMENT COURSE (a) Motion Pursuant To Bankruptcy Code § 109(h)(3)(B). A motion pursuant to Bankruptcy Code § 109(h)(3)(B) for a further exemption from the credit counseling requirement imposed by Bankruptcy Code § 109(h)(1) shall be made on notice to the trustee and the United States trustee, and shall explain the circumstances that warrant the relief requested and should be supported by documentary evidence of the debtor’s entitlement to the relief requested. -4- (b) Motion Pursuant To Bankruptcy Code § 109(h)(4). A motion pursuant to Bankruptcy Code § 109(h)(4) for a waiver of the credit counseling requirement imposed by Bankruptcy Code § 109(h)(1) or a waiver of the requirement to file a statement regarding completion of an instructional course concerning personal financial management imposed by Bankruptcy Code § 727(a)(11) shall be on notice to the trustee and the United States trustee and should be supported by documentary evidence of the debtor’s entitlement to the relief requested. REFERENCES: Bankruptcy Code §§ 109(h)(1), (3) and (4), 727(a)(11)

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