In re: AMENDED LOCAL RULE 4004-1(A) Administrative Order No. 24-003 / ORDER AMENDING LOCAL RULE 4004-1(A)
Fed. R. Bankr. P. 1007, amended effective December 1, 2024, abrogates Official Form 423 (“Certificate About a Financial Management Course”). Amended Fed. R. Bankr. P. 1007(b)(7) will require submission of a certificate from the approved course provider to evidence completion of a course in financial management. To ensure this court’s Local Rules remain consistent with Fed. R. Bankr. P. 1007(b)(7), it is ORDERED: 1. Effective December 1, 2024, N.D. Fla. LBR 4004-1(A) is amended to read as follows: Chapter 7 Debtors. Fed. R. Bankr. P. 1007(b)(7), as amended effective December 1, 2024, requires submission of a certificate from the approved course provider to evidence completion of a course in personal financial management. If a Chapter 7 debtor maintains that he or she is not required to take a personal financial management course due to incapacity or disability as defined in 11 U.S.C. § 109(h) or being on active duty in a military combat zone, the debtor shall file a motion for waiver of personal financial management course and attach an affidavit (form available 2 online) that sets forth the details of the claimed incapacity, disability, or active military duty. Such Affidavit shall be sworn and notarized and shall be construed as being filed under penalty of perjury. 2. A new Advisory Committee Note for Local Rule 4004-1 is added as follows: 2024 Amendment The amended rule includes one substantive change in subsection (A). The reference to the “Certification of Completion of Instructional Course Concerning Personal Financial Management” was removed due to the abrogation of Official Form 423 (Certification About a Financial Management Course) by Fed. R. Civ. P. 1007(b)(7) effective December 1, 2024. 3. This Amended Local Bankruptcy Rule 4004-1 will be included in the draft Local Rules amendment document under development by this Court’s Local Rules Committee. 4. The Clerk is directed to provide notice of entry of this order on the Court’s website.
DONE AND ORDERED ON November 27, 2024. KAREN K. SPECIE Chief United States Bankruptcy Judge
| Attachment | Size |
|---|---|
| 123.56 KB |
