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 Bankruptcy Court for the Western District of North Carolina will permit personal financial management course providers to file the Certificate of Debtor Education under Rule 1007(b)(7) electronically using the electronic financial management course certificate filing program (eFinCert). Personal financial management course providers will be required to use their PACER login to electronically file the financial management course certificate.
Please note that the failure of the provider to file the certificate OR of the debtor(s) to file Official Form 23 (Debtor's Certification of Completion of Postpetition Instructional Course Concerning Personal Financial Management) in a timely fashion in accordance with Fed. R. Bankr. P. 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 an approved provider of a personal financial management instructional course.
Penalty for filing fraudulent certification: Fine of up to $500,000 imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.