Ch 7 dismissed due to credit conceling forms now what - really need some advice.

[DesperateGA]

I completed my credit councing by the correct date but apparently needed to sign some forms for my attorney which I did but apparently not in time. Now the case has been dismissed - by attorney wants a $1600 cashiers check before he says he will even look at the case. At this point I hope that he can file a motion to reopen the case (or an appeal of the dismissal) but if he can do that why is he asking for $1600 up front. If he wants that because he is going to refile why the hell would I pay him to redo a case he has already messed up once when all the work is done? What is going to happen now? what should I do?

[free2breathe]

That seems steep, unless there is some other reason for dismissal. If it is just the credit counselling certificate, it shouldn't be that pricey in my humble opinion. The court fee to reopen a case is $260.

[lblanchette]

This happened to me as well. My attorney only requested that we pay the additional $260 to re-open the case for them to file the certificates. Is it possible for you to contact the attorney and verify that the amount is correct? It seems like he/she is trying to get way more than they should.

[dneil]

wow. at our 341, I seen this happen to people but the trustee literally asked them WHEN they could have the papers to him. He let them fax or drop off the information they didn't have. The certificates have to be in your attorney's hands for him to file the case in the first place (at least that is the rule with our attorney) then after your 341 you finish the counseling by doing the 2nd part which is required for discharge.

Whatever you didn't have must have been important. If it was something important your attorney should have had it in his hand. Did he not meet you prior to the meeting? You need to stand up to him and tell him this is unacceptable. (shakes head)... ridiculous!

[scorpion35]

u should only have to pay $260 more to reopen your case

[tcreegan]

Hi all,

As dneil said, the credit counseling class needs to be completed before you file (Federal rules dneil, good atty, following the rules) and the financial management class has to be done and certificates filed before 45 days after the 341.

The certificates need to be filed with the court (w/ a cover sheet usually) This is so basic I can't imagine a good BK attorney not making sure this gets done on time. If you got the class done and the certificates in your attorneys hands at least a couple days before the 45 days after the 341 deadline, and they didn't get filed, you have a good case of malpractice...I would insist that they fix the error since it was their fault. (of course if you dawdled and didn't get the class done in time....thats a whole 'nother story)

If you decide to go it alone, contact the court clerk, tell them you did not get the financial mgmt done and filed ...they ask them what the procedure is to reopen the case (documents needed, filing fees to pay)

Tom in Colo