Federal Rule of Bankruptcy Procedure (FRBP) 1007(b)(7) permits 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 pertains to debtor education certificates only, not to credit counseling certificates.
The Bankruptcy Court for the Southern District of Alabama will permit approved 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). The eFinCert program does not require a PACER or CM/ECF login and password.
Pursuant to FRBP 1007(c), the 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, and in a 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 the provider to timely file the certificate in accordance with FRBP 1007(c), may result in the debtor's case being closed without a discharge. See FRBP 4004(c)(1)(H).
Penalty for filing fraudulent certification: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.