UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEW MEXICO

In re

Debtor.	No.

MOTION FOR DETERMINATION THAT

DEBTOR'S CERTIFICATION OF EXIGENT CIRCUMSTANCES

WHICH WARRANT A WAIVER OF REQUIREMENT FOR BUDGET AND

CREDIT COUNSELING PRIOR TO FILING PETITION IS SATISFACTORY

Pursuant to 11 U.S.C. § 109 (h)(3)(A), the debtor (state name of debtor if a joint case)1 asks the Court to determine that the certification in Exhibit D to the petition filed on (date petition filed) is satisfactory and warrants a temporary waiver of the credit counseling requirements of 11 U.S.C. § 109(h)(1) and that debtor be given 30 days from the date of filing of the petition to complete budget and credit counseling and file a certificate of completion with the court.

The exigent circumstances that prevented the debtor from complying with the credit counseling requirements before filing the petition are as follows:

[state description of exigent circumstances here]

s/submitted electronically

Typed name of attorney for debtor

Attorney address and telephone number

Notes:

Exigent circumstances: A situation that demands unusual or immediate action and that may allow people to circumvent usual procedures, as when a neighbor breaks through a window of a burning house to save someone inside. Black's Law Dictionary 236 (7th ed. 1999).

Counseling is required by 11 U.S.C. § 109(h)(1). Submission of certification for temporary waiver of requirement is authorized by 11 U.S.C. § 109(h)(3)(A) and Interim Fed. R. Bankr. P. 1007(b)(3). Certification is required to be filed with petition in accordance with Interim Fed. R. Bankr. P. 1007(c). The petition, Official Form 1, was amended October 1, 2006, by the inclusion of Exhibit D which provides for debtor's certification. Although Exhibit D as amended 12/01/09 does not require the filing of a motion, the judges of the United States Bankruptcy Court, District of New Mexico, do require the filing of the motion using this form.