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Follow-up ? on "DebtEd" certificate

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    Follow-up ? on "DebtEd" certificate

    I had the rather ODD experience of receiving BLANK certificates via email from the internet company I used for my required credit counseling courses! Wouldn't think those are the types of documents that should be sent blank

    When I had followed up regarding the first one, the lawyer said not to worry because he had received a copy with all the correction information on it. (I STILL followed up on my own because regardless of attorney's comments, I want my own copies - FILLED IN!)

    I had called the 800 number to find out if they received the second one. Guy on the phone says yes, but there's a note on PACER (the "DebtEd" flag discussed yesterday here) and HE thinks my certificate wasn't filed. Asks if I sent in my "23b" form to them. Never heard of 23B. Know nothing of it. He says he will get it in the mail, etc.

    I leave word for "my" attorney to call me. Tense, unpleasant exchange. (I have spoken to this guy MAYBE a total of 4 times, INCLUDING two emails, but each time had to chase him down and always get the impression he is being BOTHERED, even when it was HE contacting ME to tell me he needed something or another! Also tired of misinformation from this 800 number. Used it twice, both times they were WRONG!) Ends up telling me guy on the phone was wrong, that this certificate is filed AFTER the 341.

    The lawyer keeps saying to me, "you have that paper already." I keep saying, "no, I do not." Insists yes, convinced I have it. Finally listens to me that I, in fact, never heard of/received/signed that document. Whoops, he says. Realizes I am telling him the truth! He told me the credit counseling place should have sent it to me before they issued certificate. Well, that didn't happen.

    So I received the letter today, this 23b, filled it out and faxed it to the attorney.

    My question is about the wording on the bottom regarding when that form is to be filed. Given how I have been misinformed (and have an attorney who was SHOCKED to know that a non-lawyer could access PACER! Sorry, but, the fact that he never heard of that and didn't know...I mean...Public Access...first two letters should tell ya, just frightening...) I'd like to pose the question HERE, to people who know what they're talking about!

    "in a chapter 7 case, file within 45 days of the first date set for the meeting of creditors under 341 of the bankruptcy code."

    Does that mean it should have been filed 45 days before 341?! (Which is a problem since mine is next Wednesday.) Or within 45 days before OR after the 341? Seems more like the latter if I am reading it right, but I really need to be certain. Stress has my brain completely scrambled at this point.

    Thanks for listening and for any information!

    And sorry for taking so long to get to the point, and for all my fairly extraneous, parenthetical comments! Just venting

    #2
    Technically, I THINK the Law meant for the Post Debtor Ed Cert to be filed within 45 days following the 341 Meeting.

    Several folks have posted here that their attnys told them they could do it any time from immediately after they filed up to the 45 days after the 341. So evidently it really doesn't matter when you file the Post Debtor Ed Cert, after you file BK, just so long as you make sure to meet the "within 45 days after the 341" requisite.

    We filed ours within a week after our 341.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      Once again, SF, THANK YOU

      With so many things that could go wrong that I have no control over in this process, I certainly want to stay on top of whatever IS within my control!

      Many thanks for clearing that up.

      Comment

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