Don't forget your financial Management!!!

[LostOne0069]

Hi All,

I was just browsing through PACER last night, looking through all the Chapter 7 cases that my trustee has had dismissed since January 1... and know what I found?

Out of the 2 dozen or so dismissed cases, all but a couple were because the debtor didn't do their financial management course or didn't file the proof in time. Virtually ALL of them had everything else just fine... the trustee had moved to be released as there were no assets do be disbursed etc... and then theres a motion to dismiss due to no financial managment filing.

A couple of them had "motions to re-open" with late filings of that finanacial managment proof.... I didn't see any that weren't denied by the judge.

Remember, we're talking about the financial management course, NOT the credit counseling! You have to do the credit counseling BEFORE you file... you have to do the financial management before you get your discharge and NO LATER than 45 days after your 341 meeting. The clerk told me when I filed that I don't have to wait for the 341, I can do it now.... so I'll be doing mine this weekend to get it done and out of the way.

The moral of this story? If you've filed... DO THE FINANCIAL MANAGEMENT COURSE AND GET IT FILED!!!! Don't wait, do it NOW.

Oh and the only other dismissals that I saw were because the debtor didn't file complete petitions... there was even one guy who was missing everything but the petition itself... no schedules, no credit counseling, nothing else.

Anyway, just wanted to warn everyone so they don't go through all the trouble of filing.... just to get denied because of something so simple.

[SinkingFast]

We did our Debtor Education Class the day after our 341. It's already been filed on PACER!! WooooHoooo!!

We went with CCCA of Atlanta. It was well organized with real life examples. We learned a few things.

Good Reminder, Lost!!

[Emmy]

Thanks for the remider!

[HHM]

Good and interesting info...

[InLimbo]

yeah we just did ours too. Our lawyer gave us the tape and all we had to do was mail it back to him. All of this before our 341 meeting.

[manglicmot]

Thanks so much LostOne. Does it say how long it was between the time of the filing and the time of the dismissal?

[LostOne0069]

Thanks so much LostOne. Does it say how long it was between the time of the filing and the time of the dismissal?

Yes, they were all dismissed about 48 days after the 341 meeting... which is natural since you have 45 days after the 341 to file the financial managment course.

[9877donna]

I did NOT have 45 days after my 341 meeting to file.My 341 was on the 19th of the month and the financial management certificate was due the 25th!!
That was only 6 days after...why so soon I don't know but I almost missed it and had my case dismissed.
Good Luck.
Donna

[whatamess]

hello

Thanks for the advice. This is exactly WHY I want to have all 'card in order' before we file. As soon as we file I am going to do the CC and managment courses.
BTW BEST OF LUCK TO YOU and your wife at your 341. I know its coming up soon. Please keep us updated.
Your NJ comrade in debt...
whatamess!

[LostOne0069]

Whoa! Watamess... the Credit Counseling course has to be done BEFORE you file, not after. The financial management course is the one that gets done AFTER you file. Don't forget!

Thanks for the well-wishing on our 341, we're getting really nervous... especially since the US trustee is investigating our case for possible "abuse".

We do our 341 this monday at 10am... I only hope that we hear something definative and not "we'll let you know". My biggest fear is that we'll go through the 341 and it will sound just fine.... and then we'll get something in the mail from the US Trustee saying that he objects or something. Pacer hasn't been much help in this regard as nothing that the US trustee has done has shown up in there.

[SinkingFast]

Good Luck, Lost!!

I do hope you hear something from the Trustee today at your 341.

I'm like you about PACER. I keep checking at the end of each day thru the week. So far, no changes. I am hoping no news is Good News!!!

[whatamess]

oOPS!

Sorry I worded that wrong...lol. My heads a mess..I meant right before and right after. I want it clean, done and with as little stress as possible..AS if that is possible. My ulcers already at grinding point.
whatamess..
PS: Possible abuse???? Why, because of income? UGH! Keep us updated...

[LostOne0069]

PS: Possible abuse???? Why, because of income? UGH! Keep us updated...

Well, I think that they're looking at our case because we have $125k in unsecured debt and pretty much no assets.... I'm not worried that they'll think we're committing fraud, nearly all of that debt was incurred 2 or more years ago and none of it was incurred in the last 12 months.

Our biggest worry is that they'll just say that we owe too much and make too much and that we have to do a chapter 13.

I'm hoping we'll find out monday at the 341.

[Spartan]

Best of luck. It is most likely a routine kind of thing due to the size of the debt and no assets. Hope all goes well for ya!