QUESTION
When I filed the bankruptcy the first time, does that count or will the case be dismissed?
Asked on May 18th, 2014 on Bankruptcy - California
More details to this question:
I filed a Chapter 13 bankruptcy on 5/5/2014. I took the pre filing course on April 2013. I don’t have an attorney.
9 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The case may be dismissed. There are certain urgent situations where you can take the class after filing. You could call the trustee and see if they will accept a late class. If so do it now or do it and get it filed immediately.
Answered on May 22nd, 2014 at 6:31 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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Unfortunately no it does not. The certificate is valid for 6 months only. If you read exhibit D, which you probably signed says "within the 180 days before filing of my bankruptcy, i received a briefing..." But you did not actually get one. Your case must be dismissed. Please retain an attorney for your chapter 13. Statistics show that the success rate without one is less than 5%.
Answered on May 20th, 2014 at 8:26 PM
You will need to retake the course. Furthermore, if you did not attend the meeting of creditors, your BK will be dismissed. I would strongly urge that you obtain counsel to assist with a chapter 13. Chapter 13 is more complicated than a chapter 7 and failure to comply with its strict requirements will almost ALWAYS lead to a dismissal. Repeated filings can then lead judges to impose a bar against you and prevent you from refilling. Another important questions is why you are filing BK?
Answered on May 20th, 2014 at 8:26 PM
Your case should be dismissed if the Trustee notices and follows the letter of the law. You are supposed to have taken the course within 6 months of filing.
Answered on May 20th, 2014 at 8:26 PM
You'll need to file the certificate from the April 2013 credit counsel class. The Court won't automatically know, in the second case, that you complied with this requirement unless you file the certificate int he new case. The certificate is good for 180 days but that doesn't help you if it's not actually filed in the new case.
Answered on May 20th, 2014 at 8:26 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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A certificate of completion of the pre-bankruptcy course expires after 180 days (roughly 6 months). Most judges will dismiss your case (assuming that you do not have a valid excuse, which are extremely rare due to how easy it is to get the certificates). And, frankly, you do not want to go through and complete a chapter 13 plan and learn years later that it was for nothing because the judge will not give you your discharge due to the mistake in not taking the class properly.
Answered on May 20th, 2014 at 8:26 PM
Litigation Attorney serving Stockton, CA
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Patrick Jay Edaburn
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Pre filing credit counseling certificates are only good for 6 months. So based on what you say it sounds like the certificate was too old.
Answered on May 20th, 2014 at 8:26 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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You must take the course within 180 days of the filing of the petition. The case will most likely be dismissed if the trustee or a creditor files a motion to dismiss the case.
Answered on May 20th, 2014 at 8:26 PM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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The Law Offices of Peter M. Lively
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The certificate is only good for 6 months. The court will likely set a hearing re order to show cause why case should not be dismissed for failure to obtain a valid certificate. Best approach at this stage is to get a new certificate and file it quickly, then go to the hearing and explain the circumstances to the judge.
Answered on May 20th, 2014 at 8:26 PM