Huge Problem Any advice....

[mindy0795]

We were late in filing the pre discharge counseling, actually we were only 2 days late. Recieved notice today that our Bankruptcy Chapter 7 case is closed without discharge because of the late filing. Now what happens...do we have to refile all over again????? I am just sick about this.......

[TBLTZ]

We were late in filing the pre discharge counseling, actually we were only 2 days late. Recieved notice today that our Bankruptcy Chapter 7 case is closed without discharge because of the late filing. Now what happens...do we have to refile all over again????? I am just sick about this.......

why were you late?

[mindy0795]

We did our class online and had no internet for that week. We were only 2 days late. Is there anything we can do........When I completed the course I even contacted the attorney and sent it them immediately and they filed it with the bk court. I can't even get ahold of my attorney his office is closed.

[aces67]

IDK. Good Luck though!

[mindy0795]

Any help would be greatly appreciated...

[damooster]

Any help would be greatly appreciated...

I remember reading somewhere that you can reopen the case but you have to pay the filing fees again. Your attorney would know best though.

And, I feel so compelled to ask/say this: how could you wait so long to take the course? I'm not trying to sound condescending, but you have to prepare for something like the internet going out for a week.

I wish you the best of luck.

[mindy0795]

Well first of all our attorney said they would contact me when to complete the financial management course. She actually told me that I had plenty of time to do it and would recommend not doing it until the month following our 341 meeting and she would call me. Well she never called and once our internet was back up and running I filed it. It was my own fault and I feel just sick about it. Once we did complete the course I emailed the cert to our attorney and followed up with them that they received it. At that time she said they would file it which they did 2 days later. She did say we were a couple of days late in getting it in but did not think it would be a problem. Well obviously now it is a problem. I actually had to call the Bankruptcy clerk last week to get a status of what was going on with our case as we were over 120 days past the 341 meeting. At the time the clerk told me the hold up was the judge had to review the reaffirmation agreements.

[music12]

mindy, this happens. the solution is to file a motion to reopen the case to get permission to have the late filing approved. you would then have to explain what happened - the issue with your internet, and i guess you would have to blame the lawyer too.

it really is the lawyer's fault; not only did they give you the impression that it's not time-sensitive, but when the lawyer actually filed the certificate late, the lawyer should have appended a request for permission from the court to be late, and should have taken the blame.

i think these kinds of motions are routinely allowed. get on your lawyer's case!

[mindy0795]

I will call the attorney in the morning.....I feel like I'm going to have a stroke over this.

[justplaintired]

Mindy, don't have a heart attack it will work out. Wish I had some advice on what to do, but I do believe you can reopen your case, so don't get to upset.

Funny thing when we filed within a week we got our papers stating we needed to completely our last class. It was also on Pacer. We actually had the class done before the 341. I guess I am glad now.

Just try not to panic, call your attorney, that's what is his there for. Best of luck to u!

[mindy0795]

Thanks for the support, my chest isn't hurting as bad now. Once the attorney files whatever motion to reopen this I'm going to look like such a loser for my reasoning of not filing the document on time. UMMMM "attorney stated they would contact me when we needed to complete the financial management course and they did not and I had computer/internet problems. What judge is going to take that seriously?

[LSUTiger32]

Good Luck.....hope everything works out for you!

[music12]

Thanks for the support, my chest isn't hurting as bad now. Once the attorney files whatever motion to reopen this I'm going to look like such a loser for my reasoning of not filing the document on time. UMMMM "attorney stated they would contact me when we needed to complete the financial management course and they did not and I had computer/internet problems. What judge is going to take that seriously?

any judge will take it seriously. people trust their lawyers (they are supposed to, after all, according to the legal system) and people have internet problems.

this situation is an annoyance, a tiny bump on the road, not a big deal.

when you talk to the lawyer, gently remind them that they told you they'd call you and they didn't, so you believe at least some of the blame is theirs.

[mindy0795]

Update

Talked with my attorney's secretary, they will file a motion to reopen case and resubmit the financial management course that was filed late (my fault). It cost me $260.00 to reopen. The attorney said this shouldn't be a problem at all. The only thing is my first mortgage company has still not signed the reaffirmation agreement. It was sent to them over 130 days ago and attorney said it has to be signed.

[music12]

if they convinced you it was your fault, then they aren't being fair i think. but if it won't be a problem, then i suppose it doesn't matter.

my understanding is that it's better for you not to sign a reaffirmation agreement; that way you are doing a "ride-through" and then if something happens and you can't pay the mortgage then you can just walk away from the home and owe nothing.