Has anyone tried to file with a Certificate of Credit Counseling that's older than 180 days? I received mine in September 25, 2009 but have still not filed. I know on Exhibition D to Form B1 it talks about receiving a certificate within 180 days prior to filing, but would the court still be able to take it even if it's a few days over?
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No, you would need to get a new one. And that is not something you want to mess around with. Not having that certificate can have your case continued or even dismissed. -
I'm with bobby. Re-take the course. I know you may have to spend a few bucks again... but it will be worth it.
Also, don't delay on taking the follow-up course after your 341. We somewhat did and had it filed like on the 55th day (60th day is usually the normal discharge date).Retained Lawyer: 04/2009 Filed: 09/2009 341 Meeting: 10/2009 Discharged: 12/2009 Asset: 05/2010 made asset Closed: 07/2013 after 47 long monthsComment
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You need to get a new one. The Clerk's office looks specifically for certificates not properly dated. You also have to swear "under penalty of perjury that... [w]ithin the 180 days before the filing of [your] bankruptcy case, [you] received a briefing from a credit counseling agency approved..."
Don't perjure yourself. Take the class again.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.Comment
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Originally posted by justbroke View Post
Yes. Absolutely. There are cheap ones online everywhere. Mine was less than $20 I believe.Comment
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