how to file form 423 certificate of financial management course

by Kiley Stehr 8 min read

Step-by-Step Procedures: Select [Bankruptcy>Other] Enter case number and click Next Select Certification About a Financial Management Course (Form 423) from event pick list and click Next Select Debtor (s) from party pick list and click Next

Full Answer

What is the new form 423?

As part of the Forms Modernization Project, Form 423 replaces former Official Form 23, Debtor’s Certification of Completion of Postpetition Instructional Course Concerning Personal Financial Management. The Court has previously recommended use of a local form, NM OF 23.

Can the court waive the requirement to take the Financial Management course?

In some cases, the court can waive the requirement to take the financial management course. To have the requirement waived, you must file a motion with the court and obtain a court order. − − − NOTICE CONTINUES ON NEXT PAGE − − −

Do I have to take a course about personal financial management?

If you are an individual, you must take an approved course about personal financial management if: • you filed for bankruptcy under chapter 7 or 13, or • you filed for bankruptcy under chapter 11 and §1141 (d)(3) applies. In a joint case, each debtor must take the course. 11 U.S.C §§ 727(a)(11) and 1328(g).

Do you have to take a financial management course for bankruptcy?

Certification About a Financial Management Course If you are an individual, you must take an approved course about personal financial management if: • you filed for bankruptcy under chapter 7 or 13, or • you filed for bankruptcy under chapter 11 and §1141 (d)(3) applies.

What is a financial management certificate?

A Certification of Financial Management Course for Debtor (Certificate of Debtor Education) is filed by the debtor or debtor’s counsel to certify completion of a financial management course offered by an approved debtor education provider. This certificate is only required if the debtor is an individual.

When do you file a B423?

A Chapter 7 debtor must file a Certificate of Debtor Education within 60 days after the first date set for the meeting of creditors.

When do you have to file a Chapter 11 and 13?

Chapter 11 and 13 debtors must file a Certificate of Debtor Education no later than the date the last payment is made as required by the plan or the date a motion for entry of discharge is filed. A discharge will not be granted without this certification or an order granting exemption from the course. A list of approved debtor education providers ...

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