Can I refile or get my case reinstated?

[tarobert]

My case was closed due to lack of credit counseling. I was told I could reopen so I filed the motion and got the credit counseling certificate attached to my motion but it was denied. My case is in Indiana. Do I have to wait the 180 days. It was not in bad faith that I didn't get the counseling it was a misunderstanding between the financial managment course and the counseling. Please help! I appreciate any advice or helpful sites. I have tried to find the answer but I haven't found anything similar to my situation.

Thanks

[Princesskina]

U have to wait 180 days since the motion to re-open was denied and then u will have to re-take the course again so remember u had to take the course WITH-IN the 180 days when u re-file.

[lrprn]

My case was closed due to lack of credit counseling. I was told I could reopen so I filed the motion and got the credit counseling certificate attached to my motion but it was denied. My case is in Indiana. Do I have to wait the 180 days. It was not in bad faith that I didn't get the counseling it was a misunderstanding between the financial managment course and the counseling. Please help! I appreciate any advice or helpful sites. I have tried to find the answer but I haven't found anything similar to my situation.

Thanks

I'm so sorry to hear about your troubles caused by the absolute requirement that Congress placed into the new law stating that pre-filing counseling must occur before filing - no exceptions.

I'm guessing you filed Ch 7 pro se (without a lawyer), correct? Most bk-specialty lawyers have a free half-hour to hour consultation and they will be familiar with the trustees and judges in your area. This would be very helpful in your situation, so make appointments with several and ask their opinion about when they think you can try filing again. It is likely to be the 180 days you mention.

Multiple bk court cases have been heard around this new rigid requirement since last October -for those interested, read the July 10 2006 Bankruptcy Litigation Blog's post at http://www.bankruptcylitigationblog....-futility.html for a discussion of the most common reasons for not getting the certificate before filing and what the bk courts have decided about each (warning: very lawyer-ly)

[FoolAndHisMoney]

My case was closed due to lack of credit counseling. I was told I could reopen so I filed the motion and got the credit counseling certificate attached to my motion but it was denied. My case is in Indiana. Do I have to wait the 180 days. It was not in bad faith that I didn't get the counseling it was a misunderstanding between the financial managment course and the counseling. Please help! I appreciate any advice or helpful sites. I have tried to find the answer but I haven't found anything similar to my situation.

Thanks

Just curious did you use an attorney? Sorry about your troubles but the credit counseling has been widely publicized. I am a bit surprised that anyone doesn't take care of this.

[alh]

You may be able to refile immediately. There is some recent case law that says that if a case was dismissed for not having a credit certificate, there really wasn't a filing to begin with, so another case can be refiled immediately.

The new law is so poorly written, no one really know for sure what to do on some of the gray issues.

[tarobert]

Thanks for the replies thus far

If I wait the 180 days is that from the date of my case being closed or from the date my motion to reopen was denied?

I pray that I can refile immediately. Thanks again for the help!

[Jman30]

You may be able to refile immediately. There is some recent case law that says that if a case was dismissed for not having a credit certificate, there really wasn't a filing to begin with, so another case can be refiled immediately.

The new law is so poorly written, no one really know for sure what to do on some of the gray issues.

Not that this makes anyone feel better, but it's not just the new bankruptcy law that is so poorly written. I think that is the norm for most legislation. I work in the financial industry, specifically in the Compliance field. My group makes sure that my firm is in compliance with all state and federal laws.

A few months ago, Congress passed and the President signed EPCRS-2006 which changed all the rules about how 401Ks handle loans and correction procedures. Last week, the President signed into law the Pension Protection Act of 2006. Both laws are so poorly written, so firm can possibly incorporate them both without violating any number os federal statues. EPCRS is so disorganized that trying to incorporate it is technically impossible. Most of the provisions of the Pension Protection Act countermand the provisions in the EPCRS law.

It is a mess. It is like they pass laws without remember they passed a law that said something else two months before.

[lrprn]

Not that this makes anyone feel better, but it's not just the new bankruptcy law that is so poorly written. I think that is the norm for most legislation. I work in the financial industry, specifically in the Compliance field. My group makes sure that my firm is in compliance with all state and federal laws.

A few months ago, Congress passed and the President signed EPCRS-2006 which changed all the rules about how 401Ks handle loans and correction procedures. Last week, the President signed into law the Pension Protection Act of 2006. Both laws are so poorly written, so firm can possibly incorporate them both without violating any number os federal statues. EPCRS is so disorganized that trying to incorporate it is technically impossible. Most of the provisions of the Pension Protection Act countermand the provisions in the EPCRS law.

It is a mess. It is like they pass laws without remember they passed a law that said something else two months before.

You are so right, Jman! This is what happens when Congress is ruled by special interests swaying our representatives to vote the way that benefits them. In the end all that matters is making sure that the special interest who paid each congressperson the most gets what they paid for in the new law. Worst of all, no one in Congress seems to care too much either.

[alh]

What's the saying about if PRO is the opposite of CON, is Congress the opposite of progress.

[Jman30]

What's the saying about if PRO is the opposite of CON, is Congress the opposite of progress.

Ha! Never heard that one! I'll have to remember it!!

[Minnymouth]

Very Well Put....................... How True...........

[anonymuse]

Unfortunately, many people are being forced to refile 180 days later and repay all of the fees. Argh!! In the BK offices here, there are big signs everywhere reminding people to have credit counseling first. And it's the first thing on the web site. Clerks are trying to check the packets before they are officially in, but sometimes it slips by.

There is a means to appeal it; however, very very few have been succesful.

[Jman30]

I can't say because I haven't had to take one since I filed under the old law, but I can't imagine that they credit counseling sessions are worth a damn?? I mean, do they actually tell you anything you didn't know? Budget. Don't spend more than you make, etc.

Has anyone who has taken one gotten any real value out of it?