DID YOU KNOW IF YOU ARE IN BANKRUPTCY you must file a motion for approval of the certification, serve it on all parties, and file a certificate of service.
BANKRUPTCY posting by Bankruptcy lawyer Terry R. Bankert.UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION (DETROIT),In re: Chapter 13,Carlos B. Oxholm, Case No. 11-46348 Debtor. March 15, 2011 Hon. Phillip J. Shefferly
ORDER DENYING DEBTOR’S EX PARTE MOTION FOR
EXTENSION OF TIME TO FILE CREDIT COUNSELING CERTIFICATE
BANKRUPTCY FLINT ,ATTORNEY POSTING BY Flint Bankruptcy Lawyer Terry R. Bankert 810-235-1970.[Comments of Flint Bankruptcy lawyer Terry R.Bankert ,810-235-1970 ,in bracket or CAP headlines. If you have bankruptcy questions call today-trb.810-235-1970]
DEBTOR FILED 03/01/11
On March 9, 2011, the Debtor filed this Chapter 13 case.
MOTION FILED 03/1/2011
On March 11, 2011, the Debtor filed a motion (docket entry no. 8) seeking an extension of time to file a certificate of budget and credit counseling.
DEBTOR SAYS NO CREDIT COUNSELING BEFORE FILING.
The motion does not cite any Bankruptcy Code section or rule, but explains that the Debtor did not obtain budget and credit counseling prior to filing the bankruptcy petition
because of exigent circumstances.
DEBTOR WANTS EXTENSION
The Debtor’s motion requests that the Court grant the Debtor
an extension of time to file the certificate of budget and credit counseling on an ex parte basis.
BANKRUPTCY CODE SAYS YOU CAN ASK
Section 109(h)(3)(A) of the Bankruptcy Code permits a debtor to
[1]obtain a waiver of the requirement of obtaining budget and credit counseling pre-petition,
[2]provided that the debtor files a certification that complies with § 109(h)(3)(A).
[3]The Bankruptcy Court for the Eastern District of Michigan has a specific local bankruptcy rule that sets forth the procedure for filing a motion under § 109(h)(3)(A).
CREDIT COUNSELING CERTIFICATION
Local Bankruptcy Rule 1007-6 is entitled “Credit Counseling
Compliance.” Local Bankruptcy Rule 1007-6(a) provides that
[]a debtor filing a certification under § 109(h)(3)(A)
[]must file a motion for approval of the certification, serve it on all parties, and file a certificate of service. Further,
[]the local rule provides that parties in interest have
14 days within which to object to the motion.
[]If no timely response is filed, the certification shall be deemed satisfactory under § 109(h)(3)(A)(iii) without a hearing or further order.
[]The 11-46348-pjs Doc 12 Filed 03/15/11 Entered 03/15/11 14:46:56 motion must be accompanied by a notice that the deadline to file responses is 14 days after
service.
DEBTOR ASKED FOR EX PARTE, NOT ALLOWED IN RULES
The Debtor’s motion in this case seeks relief under § 109(h)(3)(A) of the Bankruptcy Code, but does not comply with L.B.R. 1007-6(a).
RULES SAYS JUDGES CANNOT LOOK EX PARTE
That local rule does not permit the Debtor’s
motion to be considered on an ex parte basis. Accordingly,
DEBTOR REQUES DENIED BUT DOOR LEFT OPEN TO DO IT RIGHT
IT IS HEREBY ORDERED that the Debtor’s motion (docket entry no. 8) for extension of time to file certificate of budget and credit counseling is denied without prejudice to the Debtor’s right to file and serve a motion that complies with L.B.R. 1007-6(a).
--END
If you have bankruptcy question please contact Flint Bankruptcy Attorney Terry r. Bankert P.C. 810-235-1970, http://www.attorneybankert.com/
This law firm acts as a debt relief agency by helping you file for bankruptcy.
http://dumpmycreditors.wordpress.com/2011/03/24/when-in-bankruptcy-you-must-filed-credit-counseling-certificate-before-you-file/
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