Bankruptcy Rule Change: Filing Form 23 Unnecessary in Many Cases

A recent amendment to Bankruptcy Rule 1007 changes the requirements for filing Form 23, Debtor's Certification of Completion of Postpetition Instructional Course Concerning Financial Management. Prior to December 1, 2013, a person in Chapter 7 or Chapter 13 bankruptcy had to take a financial management course and then file this form in order to receive a bankruptcy discharge. (Note that bankruptcy filers must also take a similar course prior to filling for bankruptcy. The rule change doesn't apply to this requirement.) After December 1, 2013, the bankruptcy debtor does not have to file Form 23 if the approved provider of the course notifies the court that the debtor has completed the course. The instructions on Form 23 have been changed to relflect this difference in procedure.

You can find Official Bankruptcy Form 23 here.

Warning: If you do not want a bankruptcy discharge at the end of your bankruptcy (in certain circumstances, some debtors do not want a discharge because they plan to file another bankruptcy), do not take the financial management course. If you do, and the provider files the certificate, you will be out of luck.