Local Rule L.R. 4004-2: Post-Petition Personal Financial Management.

L.R. 4004-2 - Post-Petition Personal Financial Management. A. General Provisions. Pursuant to Bankruptcy Code §§ 727(a)(11) and 1328(g), the Court will not grant a discharge but will close a case without discharge in Chapter 7 and Chapter 13 cases if the debtor fails to file a certificate of completing the post-petition personal financial management course required by Bankruptcy Code § 111. The Court will send notice to the debtor in advance of the filing deadline provided in the Federal Rules of Bankruptcy Procedure advising the debtor that the case may be closed without discharge if the certificate of completion of a post-petition personal financial management course is not filed.

B. Relief from the Case being Closed without a Discharge. If, after the Court sends the notice described in L.R. 4004-2(A), a case has been closed without discharge for failure to file a certificate of completion of the post-petition personal financial management course, the debtor may not move this Court for any type of relief from the closing of the case (including a motion to reconsider) without first paying the case reopening fee.

C. Proof of Completion. Completion of a post-petition personal financial management course must be shown by each debtor, either by filing Official Form 423, or by filing one or more certificates. If a single Form 423 is filed for both debtors in a joint case, the Form must include the names and signatures of both debtors.

D. Exemption. If the debtor seeks exemption from the post-petition personal financial management course requirement due to the reasons set forth in 11 U.S.C § 109(h)(4), the debtor must file a motion, set the motion for hearing, and obtain an order approving the exemption prior to the deadline for filing the certificate of course completion set forth in Fed. R. Bankr. P. 1007(c). The debtor must then file Official Form 423 by that deadline indicating that the exemption has been granted. Motions for exemption due to incapacity or disability where the debtor includes letters of guardianship, a power of attorney, or an order of guardianship, or due to active duty in a military combat zone will be considered without hearing pursuant to L.R. 9062. It is the duty of the debtor to set all other motions for exemption for a hearing to take place on the next available docket that is at least twenty-one (21) days after the motion is filed. Motions for exemption need only to be served on the Trustee, if one has been appointed.

E. Filing. The debtor's certificate indicating either completion of a post-petition personal financial management course or the debtor's exemption should be filed using the "Financial Management Course" event.