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Form B23 - When to file

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    Form B23 - When to file

    I am still looking for an answer to my original question - when do you need to file the certificates for Post filing credit counseling. Is it before or after the 341 meeting? Even the B23 form says that you need to file within 45 days of the date of yur 341 meeting. But, it does not say whether this is bsefore or after the meeting. HELP!

    #2
    Originally posted by fatdaddy View Post
    I am still looking for an answer to my original question - when do you need to file the certificates for Post filing credit counseling. Is it before or after the 341 meeting? Even the B23 form says that you need to file within 45 days of the date of yur 341 meeting. But, it does not say whether this is bsefore or after the meeting. HELP!
    I believe it's 45 days after your 341 meeting because my 341 meeting occurred on 08/24/2010 and the due date for my financial mgmt course is 10/08/2010.
    If you have a pacer account you can see all the deadlines for your case.

    hope this helps.
    Filed Chapter 7 Pro Se: July 28, 2010
    341 Meeting: Aug. 24, 2010/ Report of No Distribution: Aug. 25, 2010
    Officially Discharged: Oct. 26, 2010

    Comment


      #3
      There is no specific time in which to file the Financial Management course certificate. However, the Discharge will not be entered until the certificate is filed. If you wait too long the case can be closed without the entry of a Discharge. File the certificate as soon as you can after the case is filed. Once you have a case number you can take the course.

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        #4
        You have up to 45 days after your 341 but you CAN file them at anytime. Ours were filed before our 341 so that all the paperwork would be with the court and we would have one less thing to think about. Go ahead and do the course and file the paperwork as soon as you can.
        Filed Chapter 7 - 06/30/2010
        Discharged - 11/18/2010
        Closed - 12/22/2010

        Comment


          #5
          In response to:

          "You have up to 45 days after your 341 but you CAN file them at anytime."

          Please advise where you are finding this requirement. I see no such provision in the Code. Maybe your District has a local rule? Neither Sections 727(a)(11) or 1328(g) give a deadline. Both just say that the certificate must be filed after the filing of the Petition but before the entry of a Discharge.

          Comment


            #6
            financial management class certificate

            Hi fatdaddy,

            Federal rules say within 45 after the 341 meeting. Give yourself a day or two to get the certificate filed.

            As always, there is a lot of variability by district.

            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
              I completed my post-filing class prior to my 341, but my attorney said she couldn't file it until after the 341. So she filed it the next day. This may be district specific. 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

              Comment


                #8

                Comment


                  #9
                  General note of thanks

                  We would like to thank all of you that have taken the time to answer our questions. Without your input, we would never have made it this far in the process. Tomorrow morning we are off to our 341 meeting. After the meeting we plan to head to the clerk's office to file our credit counseling certificates.
                  It would have been a lot easier to just turn everything over to an attorney - but things are so bad financially that we just couldn't afford the expense. We are just crossing our fingers that everything has been prepared correctly.
                  I'll let you know after the meeting. Thanks again. Fatdaddy

                  Comment


                    #10
                    Good luck with your 341 fatdaddy.
                    Filed Chapter 7 on July 30, 2010
                    341 scheduled for August 26, 2010 - Done! - Report of No Distribution
                    Discharged!!! - November 15, 2010

                    Comment

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