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    Stupid question, sorry

    For the pre-bankruptcy credit counseling class, do you have to take it 180 prior to filing or within the 180 prior to filing?
    I know ... stupid question. But we want to file in September or October, and we haven't taken the class yet. Maybe it's not even possible, if it's supposed to be at least 180 days before.

    #2
    Hi Hankhill. There is no such thing as a stupid question! ;-).

    The pre-filing course is to be taken within 180 days of filing. If you want to save yourself some money there is a free pre-filing course at www.consumerbankruptcycounseling.info. I took the class and got the certificate, so they are legit. You just want to make sure they are accepted in your district. Good luck to you.
    Filed Chapter 7 on July 30, 2010
    341 scheduled for August 26, 2010 - Done! - Report of No Distribution
    Discharged!!! - November 15, 2010

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      #3
      Hi HankHill,

      anytime within the 180 days window is OK

      Go to your BK court website and find the link to a list of approved agencies.

      Go to the class with an open mind; and you can come out some good, impartial financial advice.


      Your other class has to be within 45 days after the 341 meeting. Give your self a day or two to get the certficate filed at the court. The court may or may not have some other form that goes with the class certificate.

      good luck with everything,

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

      Comment


        #4
        More than one certficate?

        Hello,

        I took the prefiling course within the past seven months but retoke it recently since 180 days had passed. Can I get into trouble for having taken the course twice? Does the court know that I took the course twice? Is there any type of jeopardy attached to having taken it earlier and then retake it?

        Comment


          #5
          Originally posted by hankmartin View Post
          Hello,

          I took the prefiling course within the past seven months but retoke it recently since 180 days had passed. Can I get into trouble for having taken the course twice? Does the court know that I took the course twice? Is there any type of jeopardy attached to having taken it earlier and then retake it?
          I can't think of ANY reason why retaking it should be a problem.
          Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
          FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
          FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

          Comment


            #6
            taking class twice is OK

            Hi hankmartin,

            I took the prefiling course within the past seven months but retoke it recently since 180 days had passed. Can I get into trouble for having taken the course twice? Does the court know that I took the course twice? Is there any type of jeopardy attached to having taken it earlier and then retake it?

            I did this and it was no problem. I suspect lots of folks do this, you find out during the first class all the reasons to wait before filing.

            Tom in Colo
            Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

            Comment


              #7
              Hi Tom,

              thank you for the reply - did the trustee know that you took the previous class? Did you state that you took the previous class in your petition?
              I don't have the petition forms in front of me but I remember that there is a question about whetyher the filer had taken a credit counseling class in the previous year...

              thanks in advance
              hank

              Comment


                #8
                If 180 days have passed since you took the class you need to take it again. Then file the certificate from the most recent counseling session only. You do not need to disclose that you took it twice, it does not matter at all if you take it twice or ten times- they just want to see proof that you took it within the required 180 day window.
                I am not an attorney. I am just a fellow passenger on a sinking ship. Anything posted above is my opinion or best guess, and nothing more.

                Comment


                  #9
                  credit counseling class

                  Hi hankmartin,

                  thank you for the reply - did the trustee know that you took the previous class? Did you state that you took the previous class in your petition?
                  I don't have the petition forms in front of me but I remember that there is a question about whetyher the filer had taken a credit counseling class in the previous year...


                  The court sure knew about it....I accidentally put the out-of-date certificate in the filing and they missed it....had to run down to the courthouse and get them the right date!

                  No questions about it here in Colo, the only thing that I can think of is charging up a bunch of stuff after you have taken a class about BK. Once you know you are going bankrupt it is considered bad form to use more credit; creditor could say you obtained credit w/o intent to repay. Same thing goes for meeting w/ a BK attorney.

                  Tom in Colo
                  Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                  Comment

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