QUESTION

Did I wait to long?

Asked on Mar 13th, 2013 on Bankruptcy - Missouri
More details to this question:
I filed bankruptcy, took both of my debtor education classes. The second class i finished on the evening of Nov 30, 2011 and emailed my info to my lawyer. We went to court begining of Jan. 2012 and i was never discharged. I finally got someone to call me back from my attorney and he's telling me i waited to long to take the course and they closed my case on Dec 2, 2011 and now says i need to pay to reinstate my case. Did I really wait to long or did they just not file in time. Thank you for any answer you can give me.
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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You can't take the second class until you have filed bankruptcy and have a case number, so I am assuming your first class was taken much sooner than this. Credit Couseling courses are only valid for 180 Days from the date you completed them. If they are out of date, they will not be considered valid in a Chapter 7 Bankruptcy or Chapter 13 Bankruptcy. Although it is your lawyers duty to assure all documents filed are correct, so the fact he filed your credit certification with an invalid date or the fact he did not inform you the bankruptcy court required this to be taken over again, because it was out of date is also you attorneys fault. Yes you waited too long if you took the 1st class more than 180 days prior to filing, but it's still your attorneys fault. You paid him/her to prepare and file your bankruptcy paperwork and part of that is making sure everything filed is correct, he failed to do that.   I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.      Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLC Attorneys At Law   www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688 FAX:    877-475-8147
Answered on Mar 14th, 2013 at 3:36 PM

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