QUESTION

What can you do if your spouse takes an online course for chapter 13 but you are the one who paid for it?

Asked on Aug 31st, 2013 on Bankruptcy - Missouri
More details to this question:
A couple files chapter 13 and finishes it. Then one takes the online course and other one doesn't. The one who did not is the one who paid for the whole thing because it came out of their check.
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6 ANSWERS

Chapter 7 Bankruptcy Attorney serving Milwaukee, WI at Law Offices of Deborah A. Stencel
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If you are at the end of your plan and the course needs to be taken soon, go ahead and pay for another one (or see if your trustee's office offers free in-person seminars). Getting the certificate may be a matter of some urgency. Next, ask your spouse to pay you back for the course. If s/he refuses, this would be a matter for dispute in your divorce or separation matter. In general, when a course is purchased, it is purchased for both Debtors and folks are warned to take it together. If only one takes it, that's unfortunate. You could try complaining to the course provider, but I suspect they will tell you to simply order another course.
Answered on Sep 10th, 2013 at 3:51 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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These classes don't cost a great deal! What are you complaining about? In order to receive a Chapter 13 discharge, you must also complete this class & file the certificate with the court. Otherwise your Chapter 13 will be closed without a discharge, leaving you, not your spouse, owing all debt not paid in the Chapter 13.
Answered on Sep 10th, 2013 at 3:51 PM

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Deborah F. Bowinski
Your question is not clear. Has your case been administratively closed without a discharge? If so, then the only possibility available to you at this point that i can think of will be to file a Motion to Reopen the case (with the appropriate filing fee) in order to file the second financial management certificate. If the case has not yet been closed at court then complete the class and file the certificate ASAP! Either way, your first place to go for answers should be to call your chapter 13 attorney. Your attorney will be familiar with policies and practices in your jurisdiction with your judges and your trustee.
Answered on Sep 10th, 2013 at 3:51 PM

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I'm not sure what kind of solution you are looking for here. The one who did not take the course should go ahead and take it, get the bankruptcy re-opened, and get his or her discharge. The one who did take the course should have gotten a discharge.
Answered on Sep 10th, 2013 at 3:51 PM

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Every debtor has to take the course to proceed with a bankruptcy case. You need to talk to the attorney representing you in the bankruptcy case.
Answered on Sep 10th, 2013 at 3:50 PM

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Bankruptcy Attorney serving Las Vegas, NV
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It doesn't matter who paid for it. You must personally take the course.
Answered on Sep 10th, 2013 at 3:50 PM

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