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    New here and need advice

    I will try to make a long story short..I hope... I am a mommy to 4 boys

    I got married last year and filed bankrupcty last year after we got married. I promied my husband that this would all be over before we got married, well the lawyer took his sweet time and it was filed 23 days after we got married.

    Just me filed..These are all my debts from 4-10 years ago...
    The trustee was not happy with how the lawyer did the petwetion to the creditors so I had to go back, no biggie..he was nice and all..
    My discharge was suppose to be this month or early February..

    Well Monday I recieved a letter from the court stating it was not discharged because a Officail Form 23 was not filed..
    I did all my certificate stuff and sent it to the lawyer months ago..
    I guess he never filed it. I had no idea at all.. He was so unorganized but I could not get my money back.

    I have left messages for him as well as an e mail..No response at all. He is like 2 hours away..
    I have spent so much time and money on this and I do not know what to do.

    I do not know what to do.
    The trustee said everything was good the last time I was there in November, he was happy with it all.
    What the heck happened??

    Thank you so much.
    I have been reading some posts and everyone gives good advice and tries to help ...
    crazycrew in MI
    FILED June 30, 2008
    DISCHARGED March 5, 2009
    CLOSED March 20, 2009

    #2
    Looks like Form 23 is the Debtors Education Form...

    This form is the certification of completion of your Debtors Edcuation (Form 23):

    Debtor?s Certification Of Completion Of Instructional Course Concerning Personal Financial Management; Declaration Of Eligibility For Chapter 7 Discharge

    As you know the class and the form have to be filed within 45 days of your 341. Do you have a copy of the completed certificate showing the time and date that you actually took the course? Normally they send the certificate to you and to your attorney showing the exact date and time of the completed course. I do not know if you can file this document now with the court and get your discharge. This is a question that maybe one of the others or HHM can answer.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      You have 45 days from the first meeting of creditors to file that. If you are within that time frame, and it is too far to drive send the certificate and the form that goes with it Fed Ex over night to the court in the morning. If you only have one to two days left, I would personally drive there and hand it to the court, make sure your bring two copies, so they can conform (stamp it filed) one copy for you so that you have proof it was filed.

      You may have to motion the court to allow you to file it

      Since it was your attorney's error , he really should do it, but don't take any chances on an attorney who is not representing your best interests at this point.

      Either way , get that puppy in, you don't want to be dismissed for not filing one form this close to getting a discharge, that would definitely suck! ( In my teenagers venacular)

      Comment


        #4
        For the Certifate of Debtors Education I did that the day it was filed. The lawyer said to do the course as soon as I got my case number and I did.


        My last meeting was November 11
        But my first 341 meeting was in July or August..I have went in front of the trustee like 3 times because of papwerwork the lawyer did not turn in and then had to get the deed to the house that is in my husbands name and he go tthe house 2 years before we married.
        FILED June 30, 2008
        DISCHARGED March 5, 2009
        CLOSED March 20, 2009

        Comment


          #5
          Is there anything I can do???
          FILED June 30, 2008
          DISCHARGED March 5, 2009
          CLOSED March 20, 2009

          Comment

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