Case closed without discharge...

[cyburr]

Apparently the attorney did not file the Financial Management Course Certificate electronically.

From the docket report on PACER

Originally filed early May.

In mid august:
Chapter 7 Trustee's Report of No Distribution:

Ten days later:
Case closed without discharge. Debtor has not filed a Financial Management Course Certificate proving compliance with the required instructional course requirement for discharge. If the debtor(s) subsequently file(s) a Motion to Reopen the Case to allow for the filing of the Financial Management Course Certificate, the debtor(s) must pay the full filing fee due for filing such a motion.

I found this out because I applied for an auto loan and I did not receive a discharge. Contacted attorney.

From PACER -

Ten days later:
Financial Management Course Certificate filed by attorney.

Checked Pacer -

Case was not reopened. Contacted attorney.

From Pacer -

Two days later:

Motion to Reopen Case Fee Amount $260 with Notice of Motion filed by attorney.

My question - does the Financial Management Course Certificate have to be filed again now that the case is reopened and the attorney attempted to file the Financial Management Course Certificate while the case was closed?


Thank you very much.

[AngelinaCatHub]

Not necessarily would you have to resubmit. Our case was held up because our marriage certificate was not filed. We didn't know we needed this. You probably do not need it. I had to call and ask the Clerk what was the hold up. Once we filed it, that day we were discharged. We use different sir names ergo the certificate.

If there is a charge to reopen this case, I think the lawyer who made the mistake should eat that one. OR, at least split the difference if a charge of 260 is levied. 'Hub

EDIT: You probably won't have to file it again. Just the legal exercise to open clear the books, and discharge.

[justbroke]

No, the certificate is actually already filed. Anything filed, even with the case closed, is still considered filed and entered. The attorney had to pay the $260 case reopening fee for his/her error. The Judge will re-open the case for the limited purpose of "filing" the certificate and entering a discharge.

Yes, even attorneys make mistakes sometimes. I'm glad that you caught this!!!

[cyburr]

Thank you! I will look for the discharge and then apply for an auto loan.

I read somewhere that some people had to wait to get an auto loan until the discharge was listed with all three credit reporting agencies? Does that sound right?

Thank You.

By the way... the attorney said it was his mistake and he paid the $260 fee.

[buffetbuster]

I'm glad the attorney pd the fee...that wouldn't be right for you to pay again, since it was an error of the attorney not yours.

As far as the auto loan, I'm pretty sure that if you take a copy of your discharge to the dealership with you, you should be fine.

[justbroke]

I read somewhere that some people had to wait to get an auto loan until the discharge was listed with all three credit reporting agencies? Does that sound right?

Yes! However, I would say that within 2 weeks, the discharge should be listed. It is not necessary for all three CRAs. It just matters which CRA(s) the particular lender uses! Some lenders look only at one specific CRA and others may look at 2 or all 3 CRAs.