Attorney screwed up.....

[mindy0795]

As of today we are in the 50 day wait after 341 meeting. However we have an issue. Attorney said we didn't have to file for the certificate of pre bankruptcy education until May 21 but we went ahead and filed it on May 13. Attorney called today stating that they got it and everything was good but said wait.....this was to be done and filed by May 10 however it shouldn't be a problem. What do you think, we are a few days over the 45 day limit which is what I found out. If this is dismissed because of this I am going to scream. What will happen? Will we have to start the whole thing over???

[Tbornetun]

If it goes beyond the initial deadline the court sets, the court gives you an additional week or two. The day the cert is originally due comes with no cert, the court sends a "Notice of Deficiency of Financial Management" which includes a new deadline date. If it is not submitted by the new date, then the case will be dismissed. As long as the attorney files it now, you won't have any hold ups for discharge.

[JoeBankrupt33]

Please take this with a grain of salt. I would still try to get it in within 45 days, but...

My 60 days was up on May 11. I just went into pacer and started looking at cases filed right around mine (all filed on the same day). A handful of them had not filed their certificates and their was a docket entry on the 13th providing them notice that they had to get in the certificate and it gave them until some time in June.

So, I don't know how hard and fast the 45 day rule is. My own rule is don't risk it. Also, I don't know if Colorado has chosen to be lenient, or if this is common in other places as well.

[mindy0795]

The attorney did file it today electronically.....We have not received anything from the trustee's office about a new date. You have made my day!!

[JoeBankrupt33]

I was typing at the same time as Tbornetun. This is the document I saw filed.

Thanks Tbornetun!

[steve_d]

My gf never received anything from the court until a notice of dismissal due to no certificate being filed. She completed it well within the time alotted (I know cuz I helped her with it) but her attorney didn't file it for some reason. That was in October and she still hasn't heard anything since. The attorney was supposed to file a motion to reopen and include the certificate.