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Pre-Filing Credit Counseling Requirement

Notice to All Individuals Before You File!
Did you obtain credit counseling within the last 180 days from a credit counseling agency approved by the U.S. Trustee?

If not, and you do not meet the requirements for an extension or exemption, your case will be dismissed, and you will not receive a discharge of your debts. In some cases, you may not be allowed to file another case for 180 days, or your protection under the Bankruptcy Code's automatic stay from your creditors may be limited.

The Court will only allow you to complete the credit counseling after filing if you meet all of the following conditions:

  • You requested counseling from an approved agency, but were unable to obtain services during the 7-day period beginning on the date you made the request, AND
  • The Court finds there are exigent (emergency) circumstances that merit a waiver of the requirement before filing, AND
  • You file a certification with your petition stating the facts regarding the conditions listed in the above that the Court finds satisfactory.

Important Notes Regarding Credit Counseling:

  • It may be conducted online, over the phone, or in person.
  • It must be from the U.S. Trustee Program’s List of Credit Counseling Agencies Approved Pursuant to 11 U.S.C. § 111 (link is external).
  • Ask the agency for a credit counseling certificate and a copy of any debt repayment plan to file with your petition.
  • The certificate must reflect that the counseling was received within the 180 day period ending on the date your petition was filed.
  • Debtor education is not the same as pre-petition counseling; it is a separate requirement.
  • Please note: We are the U.S. Bankruptcy Court, District of Utah.

EXEMPTIONS: 11 USC § 109(h)(4)  and Local Rule 1007-1(d) outline requirements and procedure for those who may be exempt from the credit counseling requirement.