Notice Of Motion For Exemption And Opportunity For Hearing Re Credit Counseling {CSD 1027}

CSD 1027 - NOTICE OF MOTION FOR EXEMPTION AND OPPORTUNITY FOR HEARING RE: CREDIT COUNSELING. This form is used in the United States Bankruptcy Court, Southern District of California by a debtor or joint debtors to certify that no credit counseling is required and to request an exemption from the requirement. The notice informs the recipient that the debtor(s) are claiming an exemption from credit counseling because they are either incapacitated or disabled as defined in 11 U.S.C. § 109(h)(4), or they are on active military duty in a military combat zone. If the recipient objects to this motion, they are required to obtain a hearing date and time from the appropriate Courtroom Deputy for the judge assigned to the bankruptcy case. The notice provides contact information for the different departments based on the case number. The recipient has 14 days from the date of service of this notice to serve a copy of their Declaration in Opposition and a separate Request and Notice of Hearing (Local Form CSD 1184) upon the debtor, counsel for the debtor (if any), and the trustee, along with any opposing papers. The opposing declaration must identify the interest of the opposing party and state the grounds for the opposition with particularity. The recipient must file the original Declaration and Request and Notice of Hearing with proof of service with the Clerk of the U.S. Bankruptcy Court no later than the next business day following the date of service. The form includes a certificate of service, where the person serving the notice certifies how and when the notice was served on the relevant parties, either through the court's electronic filing system, by mail, or by personal delivery, facsimile transmission, overnight delivery, or electronic mail. The certificate of service is signed under penalty of perjury. www.FormsWorkflow.com