Form 7 Motion for Exemption from Credit Counseling and Financial Education Requirement Based on Incapacity, Disability, or Active Military Duty

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10 Νοε 2013 (πριν από 3 χρόνια και 9 μήνες)

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Form 7

Motion for Exemption from Credit Counseling and
Financial Education Requirement Based on Incapacity, Disability, or Active
Military Duty


[
Caption: Official Form 16A
]


Motion to Exempt Debtor from Credit Counseling and

Financial Education
Requirement



Debtor hereby requests that this Court, pursuant to 11 U.S.C. § 109(h)(4), exempt her
from the requirement under section 109(h)(1) that she receive budget and credit counseling, the
requirement under 11 U.S.C. § 521(b) that she file a certifi
cate from an approved budget and
credit counseling agency, and the requirement under 11 U.S.C. § 727(a)(11) that she complete a
course on personal financial management. In support of this motion, the debtor states as follows:


[
Alternative A
--
Disability
]



1. The Debtor is a seventy
-
three
-
year
-
old disabled individual who filed bankruptcy
pursuant to chapter 7 of the Bankruptcy Code on [
date
].



2. Due to a stroke suffered by the Debtor after filing bankruptcy, the Debtor is currently
hospitalized, unable

to travel, and has difficulty communicating. Upon release from the hospital,
it is expected that she will be transferred to a nursing home.



3. The Debtor’s physical problems prevent her from participating in an in
-
person,
telephone, or Internet credit

counseling session, or a financial management course.


[
Alternative B
--
Incapacity
]



1. The Debtor is an eighty
-
year
-
old disabled individual who filed bankruptcy pursuant to
chapter 7 of the Bankruptcy Code on [
date
].



2. The Debtor suffers from advanc
ed dementia, which has caused her to have loss of
memory and difficulty performing complex tasks. This dementia renders the Debtor
incapacitated with respect to her financial responsibilities, which is the reason why the petition in
this matter was filed
by her representative pursuant to Bankruptcy Rule 1004.1.




3. The Debtor’s condition prevents her from participating in an in
-
person, telephone, or
Internet credit counseling session, or a financial management course.


[
Alternative C
--
Active Military D
uty
]



1. The Debtor filed bankruptcy pursuant to chapter 7 of the Bankruptcy Code on [
date
].



2. Shortly after filing the petition, the debtor was called to active military duty and is
currently serving in Iraq.



WHEREFORE, the Debtor requests that th
is motion be approved, and that the Debtor be
exempted from the credit counseling and financial education requirements pursuant to 11 U.S.C.
§ 109(h)(4).


Date:

[
signature
]

Attorney for Debtor