October 5, 2017

Background:

  • The Bankruptcy Law requires all Chapter 7 and Chapter 13 Debtors to take 2 counseling courses before your debts can be discharged: (either on-line or over the phone).
  • Pre-filing counseling must be taken before your petition is filed; .
  • Post-filing education must be taken before you obtain your discharge.

  • Debtor filed motion with Court to reopen his bankruptcy case so that he could file a Financial Management Course Certificate and receive a discharge.
  • Pro Se Debtor’s request did not explain why he failed to complete the course and comes to the Court eight years later.
  • Cases are considered for the exception to file the Debtor Education Course after the cases are closed using the following 4 factors:

1.     Reasonable explanation?

2.     Timeliness of the request?

3.      Will Creditors be prejudiced?

4.      Does the fault lie with the attorney? (if Debtor was represented by an attorney)

Court Ruling:

  • Request Denied to re-open the case – pro se. Debtor did not obtain a discharge in bankruptcy.

Bankruptcy is time sensitive and compliance with the Rules of Bankruptcy are essential.

Something as important as bankruptcy, you should consult with a Certified Bankruptcy Attorney before you think you can go it alone.