Form 6Debtor S Motion for Temporary Waiver of Credit Counseling Requirement Based on Exigent

Form 6Debtor’s Motion for Temporary Waiver of Credit Counseling Requirement Based on Exigent Circumstances[1]

[Caption: Official Form 16A]

Debtor’s Motion for Temporary Waiver

of Credit Counseling Requirement

Debtor hereby requests that this Court, pursuant to 11 U.S.C. § 109(h)(3), grant a temporary waiver of the requirement under section 109(h)(1) that she receive budget and credit counseling. In support of this motion, the debtor states as follows:

1. On [date], the debtor filed a petition under chapter 13 of the Bankruptcy Code.

2. Because a foreclosure sale of the debtor’s home was scheduled for the day after the filing of the petition, she was unable to delay the filing of the petition [describe other exigent circumstances, if any].

3. Prior to the filing of the petition, the debtor requested credit counseling services from an approved agency, [agency], but she was unable to obtain the services during the seven-day period following the request.

4. Debtor intends to obtain a credit counseling briefing within thirty days of the filing of the petition.

WHEREFORE, the Debtor requests that this motion be granted, and that the Debtor be permitted to obtain credit counseling within thirty days after the date of the petition pursuant to 11 U.S.C. § 109(h)(3).

Date:[signature]

Attorney for Debtor

[1]This form may not be necessary if the court grants a request for a temporary waiver of the credit counseling requirement pursuant to section 109(h)(3)(A) based on the statement provided by the debtor on Exhibit D to the petition, Official Form 1. See Appx. B, supra. However, for courts that require the filing of a motion, this motion may be filed together with Exhibit D. Although section 109(h)(3)(A) refers to the debtor’s certification as relating to a “waiver” or “exemption” from the requirements of section 109(h)(1), the statutory language permits only a deferral of the requirements, as the debtor must still obtain counseling within thirty days of the petition date. The court may, for cause, extend this period by an additional fifteen days. Because courts have been very strict in interpreting the exigent circumstances requirement, it is almost never advisable to seek a delay of the briefing. See NCLC’s Bankruptcy Treatise § 3.2.1.4.