Dismissal - for Failure to Comply with Credit Counseling

Rev. 05/09/19
MOTION TO DISMISS
FOR FAILURE TO COMPLY WITH CREDIT COUNSELING
 
Overview:
 

An individual may not be a debtor under Title 11 unless he/she has received credit counseling by an agency described in U.S.C. Section 111. The credit counseling must have taken place during the 180 day period prior to the date of filing of the petition. A debtor must file with the court a certificate from the approved budget and credit counseling agency that provided the service evidencing that it took place and describing the services provided to the debtor.

This filing should be accompanied by the Motion, Notice of Motion, and Proposed Order.  When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed.

 For order format, please see Proposed Orders
 
 
Codes, Rules and Forms:
 

Bankruptcy Code:

109(h); 521(b)

Bankruptcy Rule:

 None 

Local Rule:

None

Local  Form:

None
 
CM/ECF Event(s):
 
            Motions/Applications, Dismiss Case (11 USC 109(h) and 521(b) credit counseling requirements)
 

I.       Noticing:  

       A.       Type:                Passive - 21 day language if the motion is without prejudice
                                          Hearing Required -- 21 day language if the motion is with prejudice

       B.       Who Serves:   Movant will serve the Passive notice 
                                         Court will serve the Hearing required notice

       C.       Service:           D, DA, T and/or UST, P