Didn't complete debtor education in time

[guenther527]

Hey everyone,
I'm very worried that my chapter 7 will not get discharged because I was unable to complete my debtor education in the allotted 30 days. There were some major life changing events that prevented it. Job loss, no internet connection and a major move. My meeting of the creditors was on March 30 and I just finished the required education today. I put a call into my attorney today but unfortunately didn't get a call back.
Thanks for the support!
guenther527

[HHM]

I wish I could support you, but not doing the Debtor education is a big no no. It is a hard core requirement (as petty as it is), the case gets administratively dismissed by the clerk and you either have to refile or file a motion to reopen. It's a real pain.

Hopefully, your court clerk is backed up and your attorney get in there and stop it.

[guenther527]

HHM thanks for the reply and that is disturbing..... What is going to happen if it's not discharged? Can I refile?

[BkinTX]

Yikes.

[HHM]

I know, its frustrating, it's the stupidest requirement in the BK code, but carries such a drastic consequence for not doing it.

But yes, if your case is dismissed, you can refile, you just need to show the court good cause (which it sounds like you have).

[dingdong]

I believe you have 45 days post 341 to complete. At least in my district you did, but isn't the requirement a Fed requirement, not district specific.


I could be wrong, but I believe it is 45 days.

[ready2puke]

At least in Ca. we have to do a pre and a post...

[dingdong]

Actually, I meant you have 45 days from the first scheduled 341 to complete the Financial Management/Debtor education course.

All filers have to do both courses, with some small exceptions for I believe debtors in LA and possibly one other state near LA, and some military exceptions.


The OP posted he had to have it in 30 days, but I am pretty sure it is 45 days from 341, I just wasn't sure if there is a local rule which allows a shorter time frame for filing the certificate.

IF his 341 was March 30 and he has the certificate filed, or gets it filed very soon , he is within the timeframe for 45 days post 341. ( unless he was rescheduled from an earlier 341)

My point is, I think he is groovy as far as filing, unless there is a local rule that requires the certificate to be filed sooner.

[JRScott]

The requirement is 45 days after the 341 meeting not 30 days. Which means you should be okay .

[guenther527]

OK just to update everyone I spoke to my Attorney this morning and there won't be problem. Won't need to refile or file a motion to reopen. I guess the BK court is so overwhelmed it's taking them months to discharge and close each case.
Thanks everybody!!!!

[JoeBankrupt33]

I took my debtor's ed certificates to the court on the 44th day after my 341. No problems.

If you are using an attorney, he may have told you 30 days so he would be sure to have time to file it.

Good luck.