BANKRUPTCY RULE 1007(b)(7)
As an approved personal financial management course provider, you are now allowed to file the certificate of completion of the post-petition personal financial management course for debtors directly with the court. Bankruptcy Rule 1007(b)(7) has been amended to streamline this process and is scheduled to go into effect on December 1, 2013.
- As an approved personal financial management course provider, you will need to register as a CM/ECF limited filer in each court where you will be filing personal financial management course certificates on behalf of debtors.
- Each court in which you will be filing will provide you with a limited filer agreement.
- Training material for filing these certificates are included in this document.
- Go to each court’s public web site for instructions on how to get a CM/ECF login and password.
Deadlines associated with filing certificates of debtors’ completion of this course are critically important to the debtor and your responsibilities as an approved course provider.
In a chapter 7 or 13 case, if the statement of the debtor's completion of the course is not filed within 45 days after the first date set for the §341 meeting, amended Fed. R. Bankr. P. 5009(b) will require the clerk to notify the debtor that the case will be closed without entry of a discharge unless the statement is filed within the applicable deadline under Fed. R. Bankr. P. 1007(c).
- In a chapter 11 or 13 case, this certificate of completion must be filed no later than the last payment made by the debtor as required by the plan.
The risk to the debtor, if the provider fails to timely file the certificate, is that the debtor’s case could be closed without a discharge. See Fed. R. Bankr. P. 4004(c)(1)(H). Some courts may revoke a provider’s limited filer privileges if the provider does not file a certificate in a timely manner.
- The failure to do so could result in the closing of the debtor’s case without a discharge.
- In the event your limited filer privileges are revoked by a court, the court will notify the Executive Office of the U.S. Trustees or Bankruptcy Administrator of the revocation.
If you need to review what has been filed in a case, you will need to register with the PACER Service Center to obtain case information at https://www.pacer.gov/register.html
Steps for Filing the Certificate of Completion of a Personal Financial Management Course
- Access to a debtor’s case is through the court’s Case Management Electronic Case Filing (CM/ECF) system.
- CM/ECF is a Web based software program used by all the bankruptcy courts in the country.
- CM/ECF can be accessed successfully using Internet Explorer 8.0 and 9.0 and Mozilla Firefox.
- Internet Explorer is the recommended Web browser.
The following pages provide the steps to file a personal financial management course certificate electronically to the debtor’s case. Instructions... Application for Western District of Louisiana Bankruptcy...