Effective December 1, 2013, Federal Rule of Bankruptcy Procedure 1007(b)(7) has been amended to permit an approved debtor education provider to notify the court directly that the debtor has completed a post-petition instructional course concerning personal financial management. This rule change pertains to post-petition debtor education certificates only, not to certificates received for pre-petition credit counseling.
The United States Bankruptcy Court for the Southern District of New York will permit personal financial management course providers to file the Certificate of Debtor Education under Rule 1007(b)(7) electronically, instead of requiring course providers to register as a limited filer in the court’s CM/ECF case management system. Effective August 11, 2014, a Pacer login and password is required for filing all Financial Management Course Certificates through this electronic filing program. To obtain a login and password, please visit www.pacer.gov.
Please note that the failure of the provider to file the certificate OR of the debtor(s) to file Official Form 423 (Certification About a Financial Management Course) in a timely fashion in accordance with Rule 1007(c) will constitute a failure of the debtor to comply with this Rule and will result in the debtor’s case being closed without a discharge. See Fed.R.Bankr.P. 4004(c)(1)(H).
Use of this electronic filing program constitutes certification that the filer is a U.S. Trustee-approved provider of a personal financial management instructional course.
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.