Local Rule 1016-2: Waiver of Pre-petition Credit Counseling or Post-petition Financial Management Course.

Rule 1016-2. Waiver of Pre-petition Credit Counseling or Post-petition Financial Management Course. A motion under 11 U.S.C. § 109(h)(4) seeking a waiver of the pre-petition credit counseling required by 11 U.S.C. §§ 109(h)(1) and 521(b), the post-petition financial management course required by 11 U.S.C. § 727(a)(11), § 1141(d)(3)(C), or § 1328(g)(1), or both shall substantially conform to Appendix 1O, be signed by the debtor's attorney, and be served with a notice of motion on parties in interest not electronically served. The notice shall conform to Bankr. D.S.D. R. 2002-1(a) and Appendix 2A and shall set forth a last date (month, day, year) for filing an objection or other response that is seven days after service of the motion and the notice of motion.

REFERENCES: 11 U.S.C. §§ 109(h), 521(b), 727(a)(11), 1141(d)(3)(C), and 1328(g)(1); Fed.R.Bankr.P. 1007(c).

Practice Pointers:

When a waiver of the pre-petition credit counseling is sought, the motion should be filed the same day the petition is filed. Unless the debtor's disability is temporary, the motion should seek the waiver of both the credit counseling and the financial management course. If the death or disability of a debtor occurs after the petition date but before the debtor has completed the financial management course, the debtor's attorney should promptly file a motion for a waiver of the financial management course.

A guardian or a person holding a power of attorney may not complete either the pre-petition credit counseling or the post-petition financial management course for a debtor.

If any party is served by mail or under the provisions of Fed.R.Civ.P. 5(b)(2)(D) [leave with clerk] or (F) [other means consented to], the notice period stated above shall be increased three days pursuant to Fed.R.Bankr.P. 9006(f).