Filing Petition prior to Credit Counseling

[smithjay]

I am a young attorney in New Jersey. I've done quite a few bankruptcies in 2007 and then got away from them for a while. I recently filed a petition for a client and made a mistake of not advising the client to complete the credit counseling prior to filing the petition. The trustee has moved to dismiss. The creditors meeting is prior to the hearing date for the dismissal. Is there anything I can do. Should I move to voluntarily dismiss and then refile? Is the motion to voluntarily dismiss granted most of the time? Is there anything else I can do? If the case is dismissed (not voluntarily) but at the hearing to show cause, can I refile again right away? What issues can I raise at the hearing to show cause?

Any help would be appreciated. Thanks in advance.

[fltoo]

Seems to me you should be asking an experienced colleague for help, not an internet forum.

[TEW]

Seems to me you should be asking an experienced colleague for help, not an internet forum.

I think the poster is the mods can answer that

[fltoo]

LOL this is where you tell a poster to see a lawyer. This poster is a lawyer asking for a client. He needs to consult one of his lawyer colleagues.

[JRScott]

First off I'd have the client take the class now.

I'd then contact the Trustee and tell him you had failed to advise the client of the need for the class prior to filing. Ask that since it is your fault that he not penalize the client. Then upload free of charge to the client the class certificate. (I think you can file it within 15 days of filing the petition anyway but I suspect you've let it go further than that).

If he does force you to dismiss the case and refile, then I would refile free of charge for the client since it was your fault.

Now I"m not a lawyer so you might want to call an associate in your area and see if they've had a similar situation .