If you file for Chapter 7 or Chapter 13 bankruptcy, you must file a form called Exhibit D, Individual Debtor’s Statement of Compliance With Credit Counseling Requirement. This form lets the court know that you’ve completed a prebankruptcy credit counseling session. Exhibit D is part of the Voluntary Petition.
Read on to learn more about this form and how to fill it out.
What Is the Credit Counseling Requirement?
Within the six month period before you file for Chapter 7 or Chapter 13 bankruptcy, you must get credit counseling from a provider approved by the U.S. Bankruptcy Trustee. There are a few exceptions to this rule. To learn more about the requirement and the exceptions, see Credit Counseling & Debtor Education Requirements in Bankruptcy.
How to Get Exhibit D
Completing Exhibit D to the Voluntary Petition
Each debtor must file Exhibit D. This means that if you are filing jointly, both you and your spouse must each complete and file a separate Exhibit D.
Exhibit D has five boxes. You must check the one that applies to your situation. Here are the options:
Box 1: You completed credit counseling and have a certificate. Check box 1 if you completed credit counseling within the applicable time period and the agency provided you with a certificate of completion. You must attach the certificate to the Exhibit.
Box 2: You completed credit counseling but don’t have a certificate. Check box 2 if you completed the counseling but don’t yet have the certificate. You will have to get and file the certificate within 14 days of filing your petition.
Box 3: You requested, but couldn’t get, credit counseling. Check box 3 if you requested credit counseling but the agency couldn’t provide it to you within seven days of that request. If this happens, you must have an “exigent circumstance” which prevents you from waiting to file your petition (for example, your house is about to be foreclosed upon). Some courts are very strict when defining exigent circumstance, and others are less so. If the court grants you this waiver, you must get the counseling within 30 days (you may be able to get one 15-day extension to this 30-day period).
Box 4: You qualify for an exception to the requirement. Check box 4 if you qualify for an exception to the credit counseling requirement because you are incapacitated, disabled, or on active military duty in a combat zone. To learn more about these exceptions see, Exceptions to Bankruptcy’s Credit Counseling Requirement.
Box 5: There is no credit counseling in your district. Check box 5 if the credit counseling requirement does not apply in your district. This exception is very rare.
To learn how to complete the Voluntary Petition and other official bankruptcy forms, see Completing the Bankruptcy Forms.
This article provides general information only. There are many legal issues involved and important decisions to be made when filing for bankruptcy. You must understand the entire bankruptcy process, learn about the applicable federal and state laws, and determine how those laws will affect your particular situation before you complete the bankruptcy forms. If you want to file bankruptcy without a lawyer, use a good do-it-yourself book like Nolo's How to File for Chapter 7 Bankruptcy to ensure you make well informed decisions about your bankruptcy case.