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Certification Of Non-Compliance And Request For Exemption Form. This is a South Carolina form and can be use in Bankruptcy Court Federal.
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Tags: Certification Of Non-Compliance And Request For Exemption, 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 NONCOMPLIANCE WITH 11 U.S.C. § 109(h)(1) AND
REQUEST FOR EXEMPTION1
Under penalty of perjury, I/we certify and attest to the following:
I/we (each referred to as the “Undersigned”) 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, Undersigned did not receive the credit
counseling required by 11 U.S.C. § 109(h)(1).
Undersigned certifies that exigent circumstances exist to waive the pre-petition credit
counseling requirement. These exigent circumstances are described in detail as follows:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
_________________________________________________________________________.
Undersigned also certifies that, prior to the Petition Date, Undersigned requested
credit counseling services from an approved nonprofit budget and credit counseling agency,
known as __________________________________________________________________
______________________________________________________________________(list
the name, address, phone number, and, if applicable, the website of the credit counseling
agency). Undersigned made a request for credit counseling services from this credit
counseling agency on the following date ___________________, but was unable to obtain
the credit counseling services offered by this credit counseling agency within the five day
period beginning on that date for the following reasons: _____________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
_________________________________________________________________________.
1
All sections of this Certification must be completed in order for the request for an exemption to be considered
by the Court.
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Undersigned requests that the Court order an exemption under 11 U.S.C. § 109(h)(3)
and allow Undersigned additional time to obtain the required credit counseling. If the Court
allows additional time to obtain credit counseling, Undersigned agrees to obtain the credit
counseling required by 11 U.S.C. § 109(h)(1) and file with the Court a certificate from an
approved nonprofit budget and credit counseling agency that Undersigned has completed the
required credit counseling. Undersigned agrees to obtain the required credit counseling and
file the required certificate within thirty (30) days from the Petition Date or by such other
time as the Court may order, which may be shorter than thirty (30) days from the Petition
Date.
Undersigned agrees and understands that failure to comply with any order of the
Court made pursuant to this request may result in this case being dismissed with prejudice,
as to any Chapter under Title 11, for a period of one-hundred eighty (180) days.
UNDERSIGNED EACH SO CERTIFY TO THE TRUTHFULNESS AND
ACCURACY OF THE REPRESENTATIONS MADE HEREIN.
_______________________________
(Debtor’s Signature)
_______________________________
(Co-Debtor’s Signature)
__________________, 200__
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