Penalty for filing fraudulent certification: fine of up to $500,000 or imprisonment for up to 5 years, or both pursuant to 18 U.S.C. §§152 and 3571.
BANKRUPTCY RULE 1007(b)(7)
As an approved personal financial management course provider, you are now allowed to file the certificate of completion of the post-petition personal financial management course for debtors directly with the court.
- As an approved personal financial management course provider, you will need to register as a CM/ECF limited filer in each court where you will be filing personal financial management course certificates on behalf of debtors.
- Each court in which you will be filing will provide you with a limited filer agreement.
- Training material for filing these certificates will be emailed to you upon completion of the sign-up process.
Deadlines associated with filing certificates of debtors' completion of this course are critically important to the debtor and your responsibilities as an approved course provider.
- In a chapter 7 or 13 case, if the statement of the debtor's completion of the course is not filed within 45 days after the first date set for the §341 meeting, amended Fed. R. Bankr. P. 5009(b) will require the clerk to notify the debtor that the case will be closed without entry of a discharge unless the statement is filed within the applicable deadline under Fed. R. Bankr. P. 1007(c).
- In a chapter 11 or 13 case, this certificate of completion must be filed no later than the last payment made by the debtor as required by the plan.
The risk to the debtor, if the provider fails to timely file the certificate, is that the debtor's case could be closed without a discharge. See Fed. R. Bankr. P. 4004(c)(1)(H).
Some courts may revoke a provider's limited filer privileges if the provider does not file a certificate in a timely manner.
- The failure to do so could result in the closing of the debtor's case without a discharge.
- In the event your limited filer privileges are revoked by a court, the court will notify the Executive Office of the U.S. Trustees or Bankruptcy Administrator of the revocation.
If you need to review what has been filed in a case, you will need to register with the PACER Service Center to obtain case information at http://www.pacer.gov/register.html
On the web pages that follow, you will be able to sign up to file Personal Financial Management Course Certificates electronically. The electronic application form that follows asks for your business name and other pertinent information. Note: Each course providing agency will be issued one (1) login ID to be used by the course proving agency. In addition, all users within an agency will share the same login and password. You will then be emailed a registration form along with a PDF file containing Procedures for Personal Financial Management Course Providers. Just return the registration form to the U.S. Bankruptcy Court. Once the Court receives your registration form, you will be emailed your login ID to begin filing with the District of Colorado.
When you are ready to begin, click here.