UNITED STATES BANKRUPTCY COURT
UNITED STATES BANKRUPTCY COURT
DISTRICT OF SOUTH CAROLINA
In re: ) Chapter 7
) Case No.
)
) NOTICE AND MOTION UNDER
Debtor(s). ) 11 U.S.C. § 109(h)(4) for Waiver as to
) 11 U.S.C. §§ 109(h)(1) and 727(a)(11)
Debtor(s) move for a determination that ______________________ is unable to complete the requirements of 11 U.S.C. §§ 109(h)(1) and 727(a)(11) because of:
[ ] incapacity [ ] disability [ ] active military duty in a military combat zone.
The reason for the inability to complete these requirements is expected to continue throughout the case. Exhibit D to the petition (Official Form 1) has been filed with the court and statement 4 was checked.
Contemporaneously with the filing of this notice and motion all creditors and parties in interest have been served. A certificate of service is attached. Documentation of the incapacity, disability, or service has been filed using the "Restricted Documents in Support of Waiver of Credit Counseling or Financial Management" event in the Court’s CM/ECF system for review by the trustee, United States trustee, and judge.
Debtor(s) request that the court waive the requirements of 11 U.S.C. §§ 109(h)(1) and 727(a)(11).
TAKE NOTICE that any response, return, and/or objection to this motion must be filed with the Court no later than 14 days from the service date set forth below. TAKE FURTHER NOTICE that no hearing will be held on this motion, except at the direction of the judge, unless a response, return, and/or objection is filed, in which case the court will conduct a hearing on _____________, ___ at __________________________________, ______________, South Carolina. No further notice of this hearing will be given.
__________________________
__________________________
_________________
Service date
UNITED STATES BANKRUPTCY COURT
DISTRICT OF SOUTH CAROLINA
In re: ) Chapter 7
) Case No.
)
) Order Waiving the Requirements of
Debtor(s). ) 11 U.S.C. §§ 109(h)(1) and 727(a)(11)
)
Debtor(s) requested a determination of the inability to complete the requirements of 11 U.S.C. §§ 109(h)(1) and 727(a)(11) for one of the reasons set forth in 11 U.S.C. § 109(h)(4). Notice of the motion and an opportunity for a hearing were provided to all parties in interest. No objections were filed and it appears from documentation accompanying the motion and presented to the trustee, United States trustee, and judge that relief is proper.
The requirements of 11 U.S.C. §§ 109(h)(1) and 727(a)(11) are waived as to _______________________________.
AND IT IS SO ORDERED.
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