My attorney didn't file my certificate of credit counseling with my petition

[UpsideDown]

But wait, there's more......When we went in for our initial consult, she said "we do the credit counseling here, and actually this counts as that; it's just $50 payable to us".

OK, that's convenient, I'm thinking, so at our next appointment, after we've decided to file with that attorney, we go ahead and pay for the credit counseling. About a week later we're ready to file, so we go ahead and pay the filing fee and instruct them to file.

The next day, I check PACER and it says "certificate of credit counseling not filed." I call the office and the PL says "I don't know about that, the office manager does the filing, but I'll look into it". Later, I make an appointment to go in and pay my attorney fees. I ask and it's still not filed. She gets on the phone w/the office manager and says "he's doing it right now as we speak".

I ask for a copy of the certificate, they print one out for me and after I get home I notice the date on the cert, when I received the counseling is 2/5....which is the same date as my filing.

Anyway, I wasn't even in the office on the date of my filing and supposedly the counseling was done a couple weeks before that. Now I'm concerned that it won't be accepted because it's dated the same day as the filing and everything I've seen is it needs to be done at least 1 day prior to filing.
Not only that, it wasn't filed until about a week after the petition was filed.

The attorney says not to worry about it, but I am. I want everything to be in order so as not to give the Trustee any reason to give me a hard time.

Any thoughts on this?

[optimistic1]

In my district I was told that you can still take the class and turn in the certificate weeks after you file the petition. I would not worry about it.

[ready2puke]

NO NO..thats the post filing cert..

You have to get two the pre and the post...well at least thats the way is done in Ca. Not sure if its different anywhere else

[UpsideDown]

Yeah, I still have to do the pre-discharge "debtor education", but that's different. They said they'd send me a DVD to watch within a couple of weeks for that one. The $50 I paid them includes both. I'm just concerned that the pre-filing "credit counseling" wasn't done in a timely enough manner to satisfy the court.

[lrprn]

I'm just concerned that the pre-filing "credit counseling" wasn't done in a timely enough manner to satisfy the court.

Your trustee will be looking to see if all the required forms have been filed before your 341. He/she isn't looking at the day each form arrived.

Trustees are very busy people - they don't have the time to squeeze camels through the eye of a needle checking every single tiny detail on every single piece of paper filed by every single filer they've been assigned . If your lawyer says it's ok, then it's 99.9% probably ok.