The 2nd Bankruptcy Budget Counseling Session

[ManFromMunchkin]

Greetings:

I have a question in regard to the 2nd bankruptcy budget counseling session that one is supposed to receive before one's debts can be finally discharged.

Here are the facts of my case.

On the date of August 07, 2007, I went to my bankruptcy lawyer's office and officially signed all of my filing papers for my Chapter 7 bankruptcy petition.

On the date of today, September 12, 2007, I attended my "meeting of the creditors", which was presided by the bankruptcy trustee.

There were no complications. None of my creditors appeared. After asking me a few questions, the trustee told me that I was "dismissed."

However, the attorney who showed up in court today was NOT the one I had originally talked to. She was a substitute attorney, from the same law practice, who had taken the place of my original attorney.

After I was dismissed, she reminded me to be sure to make arrangements to take my 2nd bankruptcy budget counseling session.

I had already completed my first one.

Now then. Here is where I am confused.

She told me that I am required to take this 2nd bankruptcy budget counseling session within 45 days after the date I signed my bankruptcy petition papers -- which was back on the date of August 07, 2007.

This took me by surprise. I thought that this session was supposed to be completed within 45 days after the date of my creditor's meeting -- which was today, September 12, 2007.

If what she is saying is correct, then YIKES!

I have to get this done by next week!!!

I could have sworn that I read that I had 45 days after today, September 12, 2007, which was the date of my court hearing, to get this done.

Is the substitute bankruptcy attorney, who appeared in court to represent me today, right about me having to complete this 2nd bankruptcy session within 45 days after my official filing date of August 07, 2007?

Or is it within 45 days after today, September 12, 2007, after all?

Ultimately, it makes no difference, as I have made plans to go ahead and get this done next Monday.

I am just curious as to whether my substitute attorney might be right or if she might be mistaken.

If it makes any difference, I live in the state of Virginia.

Thanks in advance.

Best Wishes,

Munch

[Logan]

She misspoke...You could take it online today and have your certificate tomorrow if you wanted to..

[guzzie]

I was told 45 days from end of 341 meeting....live in pa...I took both before the 341....
second one very easy....you have time...take it monday you'll have certificate right away...
good luck....guzzie

[Lindsay]

I'm planning on taking the one from Dave Ramsey's site online. It is approved and I heard it is very good. You can take it online too.

[ManFromMunchkin]

Greetings:

Many thanks for your ideas and suggestions.

I didn't know that Dave Ramsey was doing these counseling sessions. I will definitely check this out.

I like Dave Ramsey because he does not come across as one of these goody goody holier than thou financial "experts" who never make a financial mistake.

The one I am thinking of who fits that description has the initials of C.H.

Okay, 'nuff of that.

Pinning down the correct deadline for the completion of my 2nd bankruptcy budget counseling session is very important to me.

Let me rephrase my question in a different way.

Which of the following is correct?

A) I have until the deadline of 45 days after my official bankruptcy filing date of August 07, 2007, to complete and submit my 2nd bankruptcy budget counseling session.

Or:

B) I have until the deadline of 45 days after the date of my 341 Meeting, held in a federal courtroom with the bankruptcy trustee presiding, on the date of September 12, 2007, to complete and submit my 2nd bankruptcy budget counseling session.

If Choice A is correct, I need to get this done next week. This is the one my substitute attorney said was correct.

If Choice B is correct, I can get this done in October. This is the one I had originally thought was correct.

Here's the problem:

Right now I do not have the $50 it costs to take this course. This presents a problem if Choice A is correct and if I need to complete the course next week.

If Choice B is correct, I can wait until my October 1st disability check comes in and pay for the course then.

Is Choice A correct?

Or is Choice B correct?

Thanks again!

Best Wishes,

Munch

[lrprn]

I did some extensive searching online and as far as I can tell, there's NO date requirement when the post-filing debtor education has to be done.

Every reliable source I checked - the US Trustee's DOJ site, the FTC - says the second post-filing debtor education course has to be completed between filing and discharge. No one mentions any specific number of days after filing or after the 341 meeting when this has to be done. See http://www.usdoj.gov/ust/eo/bapcpa/c...er_AlertCC.pdf and http://www.ftc.gov/bcp/edu/pubs/cons...dit/cre41.shtm . No dates or number of days you have to complete the post-filing debtor education course on either.

Checked the actual Title 11 bk law code too - http://www.law.cornell.edu/uscode/se...1----000-.html. I see mentions of 45 days for several items but the post-filing debtor education course is not specifically mentioned.

MFM, call or email your regular lawyer and see what he/she says you need to do. That's the one opinion you really need here because he/she knows what's expected in your district by your trustee.