Missed post-filing credit counseling deadline, now what?

[tasilva]

So I totally, completely, screwed up and I don't know how I managed it. Doing the post 341 meeting credit counseling was totally at the top of my mind for a few weeks but somehow (pregnancy, assistant out of office, yadda, yadda, yadda) I totally forgot and missed the 45 day window. Just got the "Notice of intent to close Chapter 7 Case without entry of discharge due to failure to file financial management course certificate" form from bankruptcy court. Yikes.

So, I obviously completed the course tonight and will call my attorney in the morning (but the office is not good at getting back to me, I've already left 3 messages that have not been returned in the last 2 weeks). I've previously been advised that they think this may be an asset case and the trustee has hired another attorney to help him look into the case so it's not yet been closed. Our 341 meeting was 9/30 so it's now been 52 days since that date.

Help! Am I gonna have to re-file and start over or what? Thanks in advance.

[free2breathe]

• Upon expiration of applicable FMC
deadline and no certificate is filed:
– Court will Issue Notice of Intent to Close Case
Without Entry of Discharge, with a 15 day
compliance deadline
• If no timely compliance within 15 days:
– Court will Close Case Without Entry of
Discharge, and notice of such closure will be
sent to debtor and all creditors.

Get your debtor education done ASAP. Get your attorney to file the certificate immediately when he receives it. I would call him in the morning and ask him what to do. If nothing else, go to this site http://www.justice.gov/ust/eo/bapcpa...e_approved.htm and find an approved educator for your state, find one that will issue the certificate quickly upon completion of the course. Just don't panic...breathe

ETA: You'll want to get this done within that 15 days from the time the motion was entered. If you don't and they dismiss your case, you will have to file a motion with the court to reopen your case to file the certificate of completion. That reopening of the case would cost you $260 plus whatever your attorney might charge you for the motion.

[tasilva]

Thanks for the response. Completed the course today and got the completion certificates in my email already. Looks like motion was entered on 11/16 so I'm still within the 15 days.

If I understand correctly, since I got it done within the 15 days from the motion filing, assuming it all gets to the court on time (it better!) I'll be ok then?

[free2breathe]

That's the way I read it. They give you a deadline, and then if you miss it, they are generous and give you 15 days to comply. I think you're going to be fine.