Urgent!! Case Dismissal!!

[corleone109]

The court never received my certificate of credit counseling and have sent me a letter of dismissal for this. I did complete counseling within the prescribed time period, but the company did not initially send me the actual certificate it was suppose to and I finally got it via email after many calls. I was told I have a 10 day grace period to give it to them. Upon turing it in to the clerk's office, I was told there needs to be something else with this, but as usual they couldn't tell me what because it would be legal advice. I am scrambling because I think the 10 day window is about to be over come Monday and I have no clue what they want? A written appeal? What? Anyone out there that has a clue please help! thanks!!

[Cassiopeia]

Don't know the answer, but I wish you luck!!!!!

[corleone109]

thanks...but I am scrambling like crazy!! I am doing this myself obviously and definitely don't have the prior knowledge of these things. I just wrote a appeal on Word and am praying that may due the trick because I have no clue whatsoever!!

[cathywhite4495]

Is this the credit counseling that needs to be done when you first file or the 2nd one? The Nolo book just says that the law requires you to complete the counseling within the 180 days before filing.
I had a form I had to fill out certifying that I took the counseling. I'm pretty sure it was a local form for that district. Did you go on the website and look up local rules and forms? Every district has its own set of forms they require. Maybe there will be something on there. It would be nice if all your missing is a simple form like that. Good luck and keep us posted!

[familyof7]

I believe it was called form 23. It is a letter you can file with the certificate stating you completed th course like an affidavit.

[corleone109]

well i filed and filled out the form 23 correctly, but initially the website I did my credit counseling(the first one, 180 days prior to filing) didn't auotmatically generate a certificate for me. It gave me a page saying completion and the a certificate would be mailed out to me....but it never came. So I filed with that notice from the internet saying I completed it, but it never was the official certificate I guess they have to have. I went back and fourth with the company and they finally just emailed it to me, which would have been smarter to just do to begin with, and so I turned it into the clerks office. I got a letter in the mail saying they have dismissed my case as of Aug 16. I then called the clerks office, when they told me about a 10 day window/grace period I can prove it and give them the document/certificate, which I did AGAIN. So now they have it on file BUT they said there is something else I need to do along with it but can't tell me because they don't want to give me legal advice. I was thinking some amendment, or appeal? Like I said, I typed up one but as I looked on the calendar my ten days from Aug 16 technically ends I believe Aug 26 which falls this Sunday. I doubt they go by business days, but I will give them my written appeal, with ANOTHER copy of my certificate in hopes they re consider??? Like I said, I am not a man of great means both financially and legally so this is been a great learning experience yet its beginning to be a painful one at that! I appreciate everyone's comments and ideas, please keep them coming...Monday is still two days away!

[lrprn]

So now they have it on file BUT they said there is something else I need to do along with it but can't tell me because they don't want to give me legal advice. I was thinking some amendment, or appeal?

Sorry to hear you are having problems with your case filing, Corleone.

Some bankruptcy court clerks and local court websites are very helpful to pro se filers and some are not. Looks like you have the misfortune of being in a local court that does not help when you file without a lawyer.

If you had a free account with PACER (Public Access to Court Electronic Records), it's possible you could figure out for yourself what you are missing or filled out incorrectly, but you don't have time to get an account set up before Monday.

Is there a legal aid office in your area? They may be able to help you figure out what's wrong with your filing paperwork. But you would have to see them on Monday to get the corrections in one time....not going to be easy.

Worse case scenario....if you are dismissed and truly can't afford a lawyer by not paying your unsecured creditors for six months while you wait to refile, then buy a copy of the Nolo book, "How to File for Ch 7 Bankruptcy" at http://www.nolo.com/product.cfm/Obje...51A79/213/161/ . It will be the best $25 you ever spent.

[JRScott]

I'm not sure what other form other than 23 you need. They may have a local form they require.

[freshstart06]

I would call the clerk office again and ask what you are missing, sometimes if you get a different person they are more helpful, you could have called at a busy time. also for $20 dollars you can sign up with prepaid legal, their BK lawyers are really helpful. you can even fax over your docs for them to look at. Because they are lawyers they can give you advice. Just a note, if you use this service, it may take 24 hours to get activated but tell them you have an emergency, this will get a lawyer to call back faster.

[corleone109]

thanks you guys are awesome!!