Exigent Circumstances Re: Credit Counseling

When unavoidable circumstances prevent the debtor from receiving credit counseling before the debtor files the petition, the debtor may file a statement or certification explaining the circumstances.

The certification must contain:

• A description of the exigent circumstances and
• A statement that the debtor requested counseling from an approved credit counseling agency but could not receive the counseling within seven days of the debtor's request.

If the court finds the exigent circumstances are satisfactory, the debtor must receive credit counseling within 30 days after filing the petition. The court may, for cause, extend the period for an additional 15 days. See 11 U.S.C. § 109(h)(3)(B).

A certification form is available on the court's website. (Local Form MSSB-CC-E Certification of Exigent Circumstances)

Important: When the debtor fails to file the certification/statement with the Petition, the court will set a deadline to file the document by court order. If the debtor fails to file the certification, the court will dismiss the case without further notice or hearing.