OSC Re Dismissal: for failure to file certificate of credit counseling.

[alaayasin]

Dear Colleagues,

I just recently filed an emergency petition for a client and then followed it up with the remainder of the petition within the 14 day deadline, as per the deficiency notice.

I initially filed the emergency without the credit counseling certificate citing option 3 "exigent circumstances" on Exhibit D, which was a foreclosure sale of the debtors' home.

Approximately 8 days after I filed the entire remaining petition, I receive notice of an OSC re dismissal: for failure to file credit counseling certificates. The certificates were included with the remainder of the petition, but not included with the initial emergency petition.

I have been filing my emergencies like this for some time, but if there is a local rule or a general rule requiring that the certificate be filed with the initial filing, i.e. an emergency, then I would assume I would need to start including certificates with those emergency petition.

Now I have to appear for this OSC and I'm not really sure if the judge will accept my explanation for a misunderstanding of the rule, or if she will buy an explanation wherein I point out that I should have marked off option 2 on Exhibit D.

Any advice from counsel that may have encountered this problem before?

[Pandora]

are you referring to the pre-filing course certificates? Our lawyer (and trustee) stated that those were required to be completed and turned in along WITH our initial paperwork in order to file, or it wouldnt happen.

And... as a reminder - for those in CH. 13 - do not forget to complete your post-BK course or you will not get a discharge. Our trustee told us they've had to dismiss sooooooo many cases based upon filers forgetting to do the course.