Debtors Meeting Before Our 341

[Pjmax]

Hi Sammie, does this actually take the place of the 'other' debtor's ed certificate course, or is it in addition to?

[Sammie]

Hmmm PJ, I am not sure. I know the letter said that we have to have our Certification to the Court before our last payment so that we can be discharged. When I go next next month. I will let you know everything that went on. sammie

[kornellred]

I think it is clear that this is not the mandatory financial management course that all debtors must take in order to receive a discharge, whether Chapter 13 or Chapter 7.

[LadyInTheRed]

I disagree, kornellred. I think it probably is the mandatory financial mangement course because of the pro-se manual's use of the language "Debtor Education/Financial Management Certificate" and the statement that the course is available to all Chap 13 debtors prior to the 341.

I guess we'll find out next month, once Sammie knows everything there is to know.

[LadyInTheRed]

[B]LIR that was very sweet and nice of you to go to the trouble of looking that up. After telling my husband what every one said here, he wanted to stop by the Attorney's Office this morning with the letter.

I wouldn't do that. I'm sure your attorney has seen the letter before.

[Sammie]

I just got off the phone with the Paralegal & she told me that this is the only Financial Debtor's Meeting that we will be required to go to. She said that after the meeting, their office will take care of the Certification and anything else that will involve the discharge (36 mos.) She told me that this Court likes to get the Debtor's meeting over with right away in the beginning, that we sit there for about an hr., listen to what he has to say. He does not ask us questions & we don't ask him any, then off to our 341. I asked her if we should bring paper, pens, etc. No she said, just yourselves.

You can believe that I will give you a detailed report.sammie


LIR how do you get the little quote in all yours posts (In Ch. 13, but not in Hell! Life is good) Thank you!

[ValleYum]

LIR how do you get the little quote in all yours posts (In Ch. 13, but not in Hell! Life is good) Thank you!

I am not LITR but I had done a tutorial for someone a while back on how to add a signature and I found it for you!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~

In the upper right corner of your screen, you should see the following:



Select SETTINGS.

Then on the next screen, select EDIT SIGNATURE (marked with red arrow).



On the following screen, you enter the data in that you want others to see after each of your posts into the text box (marked with yellow star).



Hit SAVE SIGNATURE button and you are finished!

[tobee43]

wow...Valle, you continue to impress!!!

[Sammie]

Thank you Valle!

[kornellred]

Go to the US Bankruptcy Court website for your State and download Form B23 (Official Form 23) 12/10. If you do not fill out this form, you will not receive a discharge. Sammie should be signing this form at the end of this mandatory pre-341a meeting if this is the purpose of the meeting.

[LadyInTheRed]

I just got off the phone with the Paralegal & she told me that this is the only Financial Debtor's Meeting that we will be required to go to. She said that after the meeting, their office will take care of the Certification and anything else that will involve the discharge (36 mos.)

Go to the US Bankruptcy Court website for your State and download Form B23 (Official Form 23) 12/10. If you do not fill out this form, you will not receive a discharge. Sammie should be signing this form at the end of this mandatory pre-341a meeting if this is the purpose of the meeting.

Sammie could download the form and sign it, but it sounds like Sammie's attorney has it under countrol. Form B23 is the Debtor's Certificate that the paralegal said they will file. The form doesn't need to be signed at the meeting, but there is no reason it couldn't be. Might as well get it out of the way. It's a federal form. If Sammie went to his local court website, he would find a link to the federal court website's BK forms page: http://www.uscourts.gov/FormsAndFees...ptcyForms.aspx where there is a link to Form B23: http://www.uscourts.gov/uscourts/Rul.../B_23_1210.pdf. The deadline to file the form is at the bottom of the form and is consistent with the notice Sammie received from his local court.

From the form:

Filing Deadlines: In a chapter 7 case, file within 45 days of the first date set for the meeting of creditors under
§ 341 of the Bankruptcy Code. In a chapter 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 entry of a discharge under § 1328(b) of the Code. (See Fed. R. Bankr. P. 1007(c).)

From the notice Sammie received:

Before your last payment in 36 mos. you must file a Certification that you attended this meeting before you are discharged.

The unusual thing about this court doesn't seem to be the certificate filing requirements, but the requirement about when and where you have to take the course.

[BNKRPTinNC]

Appears that this is something unique to NC? We went thru the same thing just prior to our 341 and we filed in the Middle District at the Durham County courthouse. No big deal and there was standing room only with, I would guess, over 100 folks attending. So many in fact that they had to stagger the 341 meetings as there wasn't enough room where we met with the trustee.