QUESTION
My bankruptcy case is being dismissed for not completing the pre-petition course how can I stop this from happening?
Asked on Dec 04th, 2012 on Bankruptcy - Michigan
11 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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I don't think you can, but some jurisdictions are very generous & will let you take it & file it. Consult the clerk.
Answered on Dec 11th, 2012 at 9:40 PM
Daniel James Wilson
If you file a BK petition without the counseling cert court will automatically dismiss case. You will have to refile and pay the filing fee. Maybe you should hire a lawyer. I know its tough when you are already in financial trouble but there are so many pitfalls for the profiler.
Answered on Dec 06th, 2012 at 12:16 PM
As far as I know, you have to start all over again after your 7 is dismissed. The pre-filing counseling requirement must be met before the case is filed. I do not believe the Court has any choice on this, statutory requirement, must be completed before filing.
Answered on Dec 06th, 2012 at 12:15 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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This might not be an option depending on where you live. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Dec 06th, 2012 at 12:14 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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Take the course and file the certificate before the hearing.
Answered on Dec 05th, 2012 at 11:42 PM
You would have to A) take the course and B) file a motion to reinstate your case.
Answered on Dec 05th, 2012 at 11:33 PM
If you didn't complete the class, there is nothing that you can do to stop the dismissal of your bankruptcy case. If you did complete the class but didn't file the certificate, then file the certificate and show up in court to explain why you didn't file the certificate with the petition. Next time, get an experienced bankruptcy attorney to represent you.
Answered on Dec 05th, 2012 at 2:24 PM
Deborah F. Bowinski
Unfortunately, there is nothing that you can do at this point to avoid dismissal. You should be able to re-file your case once you have completed the required credit counseling session, but you will have to pay another filing fee to do so. This is only one of the many things that can go wrong when folks try to file cases without the assistance of an attorney. It might be worth the cost of a reasonable attorney's fee to ensure that things get done correctly. For many, it can save money and heartache in the long run.
Answered on Dec 05th, 2012 at 1:54 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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If you didn't take the course, then you can't stop it from being dismissed. However, you could take the course and then file a new bankruptcy case and pay another court filing fee. Bankruptcy is complex, as you have discovered. I recommend that you hire an attorney the next time, even if you have to wait and save up for it.
Answered on Dec 05th, 2012 at 1:53 PM
Unfortunately, the credit counseling course must be completed prior to filing. So if you did not take the class, then the case will be dismissed. Once you've completed the course, you can refile your case, but will need to complete all of the paperwork again and resubmit.
Answered on Dec 05th, 2012 at 1:31 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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You cannot stop it. You have to file again and pay another filing fee.
Answered on Dec 05th, 2012 at 1:30 PM