If I refile....? re new credit counseling certificate within 180 days

[CoBelle]

Thinking I'm going to have to emergency file a 7 since my 13 was just dismissed (re debt limits.)
I could do this BUT I noticed that my counseling certificate for the June 22 Ch 13 filing was April 1 and therefore just out of the 180 day previous requirement.

I notice there is a way to Motion for an Extension, but is there a better way? (I was advised that I could also ask to reinstate my 13 for the purpose of converting to a 7...but I'm worried that motion won't allow for an automatic stay like a new filing would.

[LadyInTheRed]

I don't know the answer to your question, but the credit counseling may not be much of an obstacle.

If you do online credit counseling, they send you your certificate pretty quickly. With a quick Google search I found this one: http://www.personalfinanceeducation.com/Default.aspx They say that you have to call them after you do the online course and then they send your certificate immediately. I'm sure the same is true of most online courses. I got my certificate within 24 hours.

Here's a free one: http://www.consumerbankruptcycounsel...bcp/start.html. But, you won't get the certificate as quickly. See their FAQs for more info.

[CoBelle]

Hey Lady R...thank you...went there ....did it....already have my certificate. Awesome!

(and as a side note, called my original c counseling company and they said NO PAY AGAIN and not til Monday.)

All set!

[michaela]

Why did your 13 fail? You can refile another 13

[CoBelle]

I WISH! My Chapter 13 failed because my ex brought a motion to dismiss for lack of income to fund a plan. Then,within a couple of days of the hearing, he amended it to say that a deed of trust securing a loan on an investment property was flawed. My attonrey didn't respond to his brief, even tho I wrote the response for her. Worse, in the hearing, the exhibits that I brought to evidence that the DOT was fine..well, she didn't enter them. Then, ex's attorney asked me to provide a DEED at the hearing..and this was the first time anyone asked for that. Long/short. The judge said I had enough income BUT that the deed of trust was flawed because it didn't prove that I owned the property but also because the attorney didn't attach the right map to the DOT so there wasn't a description on the DOT but only on the sales agreement. while this isn't true, and while the 3 days between the amended motion and the hearing didn't allow enough time to get the deed, which is in Spanish and needed to be translated (the property is in Costa Rica)....well, you get the picture that maybe this was an ambush and my attorney was involved.

So...the judge found the DOT flawed which made the secured debt an unsecured debt and put me over the unsecured debt limit. It's funny because the loan is from a friend and I'll of course not fight her taking the property back but the Chapter 7 trustee might decide to keep the property which will of course screw my friend. Jeez. (I'm not too worried in that the property is in Costa Rica and it adheres to CR laws re foreclosure so no US court can go after the property anyway.)

But there doesn't seem to be any way I can 'get rid of the property' so that I can refile a 13. I'd hoped that the lender (my friend) could just not file a proof of claim and I could just stop paying on the loan and call it quits, but I guess that's not allowed.

It looks like I CAN file a voluntary conversion to a 7 tho...and for that I wouldn't have needed the counseling certif...but its good to have just in case someone decides I can't convert either. (and only $30 so it was worth it)

I think I might file a litany of motions on Monday...one contingent on the one before it not flying so I cover all bases. At least they will know that I'm nothing if not tenacious!