Do you send the trustee the credit counceling certificates when you finish them

[Ron55]

Just wanted to know do you send the trustee the credit counceling certificates you have to do once you get them or send them to the attorney or what? We have only two payments left and just did the final credit councel course online and need to know what we do with them so they get to the right person.

thank you
Ron

[free2breathe]

The certificate for credit counseling gets filed with your initial petition. The financial management course certificate is filed with the court along with form B23. Contact your attorney when you've completed the course and ask him what he wants you to do. He should file them for you.

[Ron55]

Hi that is what I mean the last credit cours you take before discharge we just done it. My attorneys paralegal sent an email stating she wont send them till it is close to the end of the plan, now get this it is close to the end we have mad 41 out of 43 payments and we are sending the last two monday as they emailed us telling us it is ok to pay the last two now so how much closer does she need it to be to send them in? It will be paid in full this coming monday when we send them the last two payments.
I just dont want her to hold us up on getting a discharge and if we can not do it ourselves what are we supposed to do about it.
They I though were supposed to represent us till we get the discahrge but with a stupid statement of we cant send them in till close to the end and this is now what can we do?

[free2breathe]

I just read your other thread regarding the attorney not being in contact with you and then telling you you that you can't file the cert. until closer to the end. I believe the code actually states you have until the close of your case to submit it, but there is nothing stating it can't be sent in at any time. Many Ch13 filers on this forum have stated that they filed their certificates very early on in their plan. Someone will surely correct me if I'm wrong, but I don't see why you couldn't go ahead and fill out B23 and file it along with your certificates on your own.

[Ron55]

How do I get that form where do I get it from so I can do that

[RunningMan]

I haven't even had my 341 and confirmation hearing yet (they are both on the same day two weeks from now). My attorney sent me a reminder last week to get the course out of the way early. I might look into it tonight. How long does it take online?

[free2breathe]

You can find the form here http://www.uscourts.gov/uscourts/Rul.../B_23_1210.pdf
The course takes roughly 2 hours online. Make sure you go here http://www.justice.gov/ust/eo/bapcpa...e_approved.htm and use the drop down menu to find your state. It will take you to a list of approved debtor education course providers.

[RunningMan]

Thanks. Two hours isn't bad, maybe I will get it out the way tonight.

[LadyInTheRed]

From form B23.

Filing Deadlines: In a chapter 7 case, file within 60 days of the first date set for the meeting of creditors under
§ 341 of the Bankruptcy Code. In a chapter 11 or 13 case, file no later than the last payment made by the debtor as required
by the plan or the filing of a motion for a discharge under § 1141(d)(5)(B) or § 1328(b) of the Code. (See Fed. R. Bankr. P.
1007(c).)

I'd hold off on sending the final payment until that form is filed (ETA: unless the payment is due before the form is filed). It needs to be filed with the court, not sent to the trustee. I'd fill out the form, sign it and send it to your attorney asking him/her to file it with the court right away.

[Ron55]

is this the same form to send in with the certificates for a chapter 13 or were you talking about a chapter 7 we are a chapter 13 and as I said we have the certificates already.

[LadyInTheRed]

Form B23 is required for both chapters and appears to be filed without the certificate of completion that the course provider gives you. My attorney filed the certificate of completion from the course provider right after I took the course shortly after my 341. I'm not sure whether filing that certificate was even required. But, form B23 was not filed. I'll make sure it is filed before my last payment in a little over 4 years.

[Ron55]

Well my attorneys assistant wont file them now she said and I have no idea where to send them to with the form so what do we do

[LadyInTheRed]

I'd print the form, fill it out and sign it and send it to the attorney with a letter saying you want to make the last payment and that pursuant to Federal Rules of Bankruptcy Procedure 1007(c), the form must be filed with the court before you make your last payment. Insist they file the form right away so you can make the final payment.

ETA: Bypass the assistant and send the letter directly to the attorney. You can cc the assistant.

[Ron55]

Ok so now what if they dont send it that holds us up on getting a discharge, how can we find out who we actually send this to and do it oursleves as people that file themselves with no attorney do it we are in Arizona Phoenix courts and we would love to find out who we send this to and get it done oursleves then if the attorney does eventually send it so what they have it twice.

[LadyInTheRed]

You can find the court address at http://www.azb.uscourts.gov/Default.aspx?PID=5. Mail an original and a photocopy fo the completed form with a self addressed stamped envelope with a cover letter asking them to file the original and return a conformed to you. You can also go to the court and file it in person. You should review local rules to make sure there are no filing requirements like extra copies you need to include.