Motion to Exempt Debtor from Credit Counseling And

Form 7Motion for Exemption from Credit Counseling and Financial Education Requirement Based on Incapacity, Disability, or Active Military Duty

[Caption: Official Form 16A]

Motion to Exempt Debtor from Credit Counseling and

Financial Education Requirement

Debtor hereby requests that this Court, pursuant to 11 U.S.C. § 109(h)(4), exempt her from the requirement under section 109(h)(1) that she receive budget and credit counseling, the requirement under 11 U.S.C. § 521(b) that she file a certificate from an approved budget and credit counseling agency, and the requirement under 11 U.S.C. § 727(a)(11) that she complete a course on personal financial management. In support of this motion, the debtor states as follows:

[Alternative A--Disability]

1. The Debtor is a seventy-three-year-old disabled individual who filed bankruptcy pursuant to chapter 7 of the Bankruptcy Code on [date].

2. Due to a stroke suffered by the Debtor after filing bankruptcy, the Debtor is currently hospitalized, unable to travel, and has difficulty communicating. Upon release from the hospital, it is expected that she will be transferred to a nursing home.

3. The Debtor’s physical problems prevent her from participating in an in-person, telephone, or Internet credit counseling session, or a financial management course.
[Alternative B--Incapacity]

1. The Debtor is an eighty-year-old disabled individual who filed bankruptcy pursuant to chapter 7 of the Bankruptcy Code on [date].

2. The Debtor suffers from advanced dementia, which has caused her to have loss of memory and difficulty performing complex tasks. This dementia renders the Debtor incapacitated with respect to her financial responsibilities, which is the reason why the petition in this matter was filed by her representative pursuant to Bankruptcy Rule 1004.1.

3. The Debtor’s condition prevents her from participating in an in-person, telephone, or Internet credit counseling session, or a financial management course.
[Alternative C--Active Military Duty]

1. The Debtor filed bankruptcy pursuant to chapter 7 of the Bankruptcy Code on [date].

2. Shortly after filing the petition, the debtor was called to active military duty and is currently serving in Iraq.

WHEREFORE, the Debtor requests that this motion be approved, and that the Debtor be exempted from the credit counseling and financial education requirements pursuant to 11 U.S.C. § 109(h)(4).

Date:[signature]

Attorney for Debtor