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This is a Texas form that can be used for Southern District within Federal, Bankruptcy Court.
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: § § Case No. DEBTORS CERTIFICATION, MOTION FOR ENTRY OF CHAPTER 13 DISCHARGE AND PROPOSED DISCHARGE ORDER THIS MOTION SEEKS AN ORDER DISCHARGING THE DEBTORS PURSUANT TO § 1328(a) OF THE BANKRUPTCY CODE. IF YOU OPPOSE THE MOTION, YOU MUST FILE AN OBJECTION WITHIN 21 DAYS OF THE DATE LISTED BELOW IN THE CERTIFICATE OF SERVICE. YOUR OBJECTION MUST SET FORTH THE SPECIFIC FACTUAL ALLEGATIONS WITH WHICH YOU DISAGREE. IF NO TIMELY OBJECTION IS FILED, THE COURT MAY GRANT THE RELIEF. The Debtors move for entry of a discharge under § 1328(a) of the Bankruptcy Code. 1. By signing below, the Debtors certify under penalty of perjury under the laws of the United States of America that the following statements are true and correct: A. We have completed the personal financial management instructional course from an agency approved by the United States Trustee. A copy of Official Form 423 is attached. B. If I owe a debt arising from (a) any violation of any state or federal securities laws, regulations or orders; (b) fraud, deceit or manipulation in a fiduciary capacity or in connection with the purchase or sale of any security; (c) a civil remedy under § 1964 of title 18; or (d) a criminal act, intentional tort, or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding 5 years, then I have not claimed an exemption for my residence in an amount in excess of $160,375. C. All amounts payable by me on a domestic support obligation, that are due through this date (including amounts due before the petition was filed in this case, but only to the extent provided for by the plan) have been paid; D. I have not received a discharge in a case filed under chapter 7, 11 or 12 of the Bankruptcy Code during the four-year period before the date that my petition was filed in this case; American LegalNet, Inc. www.FormsWorkFlow.com E. I have not received a discharge in a case filed under chapter 13 of the Bankruptcy Code during the two-year period before the date that my petition was filed in this case; F. No criminal proceeding is pending against me alleging that I am guilty of a felony; and G. No civil case is pending against me alleging that I am liable for any (a) violation of the Federal securities laws, any State securities law, or any regulation or order issued under Federal securities laws or State securities laws; (b) fraud, deceit or manipulation in a fiduciary capacity or in connection with the purchase or sale of any security; (c) civil remedy under § 1964 of title 18; or (d) criminal act, intentional tort, or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding 5 years. 2. I have made all payments required by my confirmed chapter 13 plan. ___________ Date ___________ Date Signed: ____________________________________ Debtor's Signature ____________________________________ Spouse's Signature (in Joint Case Only) [Signature Block for Attorney] Certificate of Service On ______________, a copy of this pleading was served on each of the persons listed on the attached service list by (i) prepaid United States Mail; or (ii) electronic service via the Court's ECF system. ___________________________________ American LegalNet, Inc. www.FormsWorkFlow.com Fill in this information to identify the case: Debtor 1 Debtor 2 __________________________________________________________________ First Name Middle Name Last Name ________________________________________________________________ Middle Name Last Name (Spouse, if filing) First Name United States Bankruptcy Court for the: ______________________ District of __________ (State) Case number (If known) ___________________________________________ Official Form 423 Certification About a Financial Management Course If you are an individual, you must take an approved course about personal financial management if: you filed for bankruptcy under chapter 7 or 13, or you filed for bankruptcy under chapter 11 and § 1141 (d)(3) does not apply. In a joint case, each debtor must take the course. 11 U.S.C. §§ 727(a)(11) and 1328(g). After you finish the course, the provider will give you a certificate. The provider may notify the court that you have completed the course. If the provider does notify the court, you need not file this form. If the provider does not notify the court, then Debtor 1 and Debtor 2 must each file this form with the certificate number before your debts will be discharged. If you filed under chapter 7 and you need to file this form, file it within 60 days after the first date set for the meeting of creditors under § 341 of the Bankruptcy Code. If you filed under chapter 11 or 13 and you need to file this form, file it before you make the last payment that your plan requires or before you file a motion for a discharge under § 1141(d)(5)(B) or § 1328(b) of the Bankruptcy Code. Fed. R. Bankr. P. 1007(c). In some cases, the court can waive the requirement to take the financial management course. To have the requirement waived, you must file a motion with the court and obtain a court order. Part 1: Tell the Court About the Required Course 12/15 You must check one: I completed an approved course in personal financial management: Date I took the course ___________________ MM / DD / YYYY ______________________________________________________________________ ______________________________________________________________________ Name of approved provider Certificate number I am not required to complete a course in personal financial management because the court has granted my motion for a waiver of the requirement based on (check one): Part 2: Incapacity. Disability. I have a mental illness or a mental deficiency that makes me incapable of realizing or making rational decisions about finances. My physical disability causes me to be unable to complete a course in personal financial management in person, by phone, or through the internet, even after I reasonably tried to do so. Active duty. I am currently on active military duty in a military combat zone. Residence. I live in a district in which the United States trustee (or bankruptcy administrator) has determined that the approved instructional courses cannot adequately meet my needs. Sign Here I certify that the information I have provided is true and correct. ______________________________________