In order to be eligible for a bankruptcy discharge, all individual debtors are required to take an instructional course concerning personal financial management per 11 U.S.C. § 727(a)(11) and § 1328(g). For a list of approved providers of personal financial management instructional courses (debtor education) per U.S.C. § 111, click here.
After completing the course, all individual debtors must complete and file with the court Official Form B 423 Certification About a Financial Management Course AND corresponding Certificate of Completion.
Chapter 13 Individual Debtors must also complete and file local form "Verification and Request for Discharge" within sixty (60) days of the Notice of Completed Plan filed by the Chapter 13 Trustee.
Filing A Financial Management Course Certificate
Approved financial management course providers may notify the court directly that the debtor has completed a post-petition instructional course concerning personal financial management per Rule 1007(b)(7). Financial management course providers may electronically file the personal financial management certificate using eFinCert. For assistance with or questions regarding eFinCert contact the court’s training department at 801-524-6575 or email to firstname.lastname@example.org.
Pursuant to Federal Rule of Bankruptcy Procedure 1007(c), the debtor(s) must file a statement that he/she completed the personal financial management course within 60 days after the first date set for the meeting of creditors under § 341 of the Code in a chapter 7 case, and in a chapter 11 or 13 case no later than the date when the last payment was made by the debtor as required by the plan or the filing of a motion for discharge under § 1141(d)(5)(B) or § 1328(b) of the Code. Failure by the provider to timely file the certificate in accordance with Fed. R. Bankr. P. 1007(c), will result in the debtor’s case being closed without a discharge. See Fed. R. Bankr. P. 4004(c)(1)(H).
Penalty for filing fraudulent certification: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. $$ 152 and 3571.
(To be used ONLY by an approved Financial Management Course provider)