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.
