Free Credit Counseling - Exemption - Hawaii

UNITED STATES BANKRUPTCY COURT ­ DISTRICT OF HAWAII

Debtor(s):

Case No.:
(if known)

This motion is brought by:

Debtor

Joint Debtor

Chapter:

DEBTOR'S MOTION FOR EXEMPTION FROM THE PRE-BANKRUPTCY CREDIT COUNSELING REQUIREMENT OF SECTION 109(h)(1) OF THE BANKRUPTCY CODE
[Note: In a joint case, both the debtor and the joint debtor must obtain credit counseling. A separate motion for an exemption must be filed by each debtor requesting an exemption.]

The undersigned moves for a determination that the requirement to obtain pre-bankruptcy credit counseling does not apply. The undersigned declares under penalty of perjury that I was unable to complete the pre-bankruptcy counseling requirement based on: [Check the applicable box below] Incapacity or disability as defined in Section 109 (h)(4) of the Bankruptcy Code. That section defines incapacity to mean that the debtor is impaired by reason of mental illness or mental deficiency so that he/she is incapable of realizing and making rational decisions with respect to his or her financial responsibility. Section 109(h)(4) defines disability to mean that the debtor is so physically impaired as to be unable, after reasonable effort, to participate in an in-person, telephone or Internet briefing as required by Section 109(h)(1) of the Bankruptcy Code. Active military duty in a military combat zone.

State the facts which support your claim of exemption made above:

/s/_________________________________ Signature of Debtor or Joint Debtor
[Each individual must request an exemption]

Date: ________________________

hib_109h4

10/05

[ECF: Motions and Applications ... Exemption from Credit Counseling Requirement (Motion)]