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Certification Of Inability To Complete Pre-Petition Credit Counseling Form. This is a South Carolina form and can be use in Bankruptcy Court Federal.
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Tags: Certification Of Inability To Complete Pre-Petition Credit Counseling, South Carolina Federal, Bankruptcy Court
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF SOUTH CAROLINA
IN RE:
________________________________,
C/A No. __________________
Chapter __
Debtor(s).
CERTIFICATION OF INABILITY TO COMPLETE PRE-PETITION CREDIT
COUNSELING1
Under penalty of perjury, I certify and attest to the following:
I am the/a debtor in the above styled bankruptcy action filed on _______________
(“Petition Date”). Within the one-hundred eighty (180) days prior to the Petition Date, I did
not receive the credit counseling required by 11 U.S.C. § 109(h)(1).
(Check the box that applies)
________
I am unable to complete the credit counseling required by 11 U.S.C. §
109(h)(1) because of an “incapacity” defined by 11 U.S.C. § 109(h)(4).2 I
will submit medical records and/or other appropriate records for private
review by the judge, which support my statement that I am incapacitated,
within five (5) days of this Certification.
________
I am unable to complete the credit counseling required by 11 U.S.C. §
109(h)(1) because of a “disability” defined by 11 U.S.C. § 109(h)(4).3 I will
submit medical records and/or other appropriate records for private review by
the judge, which support my statement that I am disabled, within five (5)
days of this Certification.
________
I am unable to complete the credit counseling required by 11 U.S.C. §
109(h)(1) because I am a member of the _________________ branch of the
United States military on active duty and I am stationed in
__________________________, which is located in a military combat zone.
1
All appropriate sections of this Certification must be completed and all requested documents must be timely
submitted in order for the request to be considered by the Court.
2
“Incapacity” means that the debtor is impaired by reason of mental illness or mental deficiency so that he is
incapable of realizing and making rational decisions with respect to his financial responsibilities. 11 U.S.C. §
109(h)(4).
3
“Disability” means that the debtor is so physically impaired as to be unable, after reasonable effort, to
participate in an in person, telephone or Internet briefing of the required pre-petition credit counseling. 11
U.S.C. § 109(h)(4).
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I request that the Court order that I am exempt from pre-petition credit counseling
pursuant to 11 U.S.C. § 109(h)(4). I understand that a hearing may be necessary on this
Certification for exemption from credit counseling if a party objects or a hearing is
scheduled by the Court and that I must attend any hearing scheduled or my request may be
denied.
I SO CERTIFY TO THE TRUTHFULNESS AND ACCURACY OF THE
REPRESENTATIONS MADE HEREIN.
_______________________________
(Debtor’s Signature)
___________________, 200__
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