About Financial Management Certificates
Pursuant to Fed.R.Bankr.P. 1007(c), each debtor must file a statement that he/she completed the personal financial management course within 60 days after the first date set for the meeting of creditors under § 341 of the Code in a chapter 7 case or, in chapter 11 or 13 case, no later than the date when the last payment was made by the debtor as required by the plan or the filing of a motion for discharge under § 1141(d)(5)(B) or § 1328(b) of the Code.
Failure by an approved course provider to timely file the Certificate of Debtor Education OR failure by a debtor to timely file Official Form B423 (Debtor's Certification About a Financial Management Course) in accordance with Fed. R. Bankr. P. 1007(c) will result in the debtor’s case being closed without a discharge. See Fed. R. Bankr. P. 4004(c)(1)(H).
Penalty for filing a fraudulent certification: Fine of up to $500,000, imprisonment for up to 5 years, or both. See 18 U.S.C. Sections 152 and 3571.
Attorneys and Pro Se Debtors
Official Form B423 (Debtor’s Certification About A Financial Management Course) instructs the debtor to complete and file the form ONLY if the course provider has not already noticed the court of the debtor’s completion of the course.
Attorneys must file their clients’ certificates electronically through CM/ECF.
Debtors proceeding pro se (without an attorney), who do not have the financial management course provider file the certificate using eFinCert, may file the certificate by U.S. Mail or other delivery service, or by hand delivery to the Clerk’s Office.
Approved Personal Financial Management Course Providers
The Bankruptcy Court for the District of New Hampshire permits approved personal financial management course providers to file the Certificate of Debtor Education under Fed.R.Bankr.P. 1007(b)(7) electronically using eFinCert (the financial management course certificate efiling program).
Personal financial management course providers are required to use their PACER login to electronically file the financial management course certificate. 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.