Required Form -- Official Form 23
Through Standing Order 07-04, the Iowa Northern Bankruptcy Court adopted the administrative procedures and local form necessary to effectuate the filing of a certified motion for discharge in a Chapter 13 case. The proper filing of this form fulfills the debtor certification requirements for financial management training, as set forth in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Pursuant to 11 U.S.C. § 727(a)(11), the Iowa Northern Bankruptcy Court will not grant a discharge if the debtor fails to complete an approved post-petition instructional course concerning personal financial management. In the absence of a local form for Chapter 7 cases, and in an effort to ensure consistency of application and compliance with the requirements set forth in BAPCPA, effective immediately, individual debtors in a Chapter 7 bankruptcy case commenced on or after October 17, 2005, are required to file both a Debtor's Certification of Completion of Instructional Course Concerning Financial Management (Official Form 23 - 10/06) and a copy of the certificate of completion from the financial management course as evidence of completion. This requirement applies to both debtors in a joint chapter 7 case. Failure to file Official Form 23 and a copy of the financial management course certificate may cause the debtor's case to be closed without entry of the discharge. Please note that the statutory reopening fee shall apply to any subsequent motion to reopen needed to effectuate the filing of the required form/certificate and request the granting of discharge. Official Form 23 is available on our forms page. The US Trustee maintains a list of approved financial management education providers here.