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    Discharge Counseling Question

    I applied to pay my filing fee in payments and it was approved. My last payment is due by January 16. I'm concerned about this line on the filing fee application.

    "Until the filing fee is paid in full, I will not make any additional payment or transfer any additional property to an attorney or any other person for services in connection with this case."

    Does that mean I can't pay for the discharge counseling until the fee is paid off? Because that puts me past the 45 day mark for filing the certificate. Anyone have an idea?
    Ch 7 filed 10/16/07 Pro Se
    341 11/13/07
    Last day for objections 1/14/08
    Discharged 1/17/08

    #2
    I found the actual code, it's still kinda unclear.

    Rule 1006. Filing Fee

    -STATUTE-
    (a) General Requirement
    Every petition shall be accompanied by the filing fee except as
    provided in subdivision (b) of this rule. For the purpose of this
    rule, "filing fee" means the filing fee prescribed by 28 U.S.C.
    Sec. 1930(a)(1)-(a)(5) and any other fee prescribed by the Judicial
    Conference of the United States under 28 U.S.C. Sec. 1930(b) that
    is payable to the clerk upon the commencement of a case under the
    Code.
    (b) Payment of Filing Fee in Installments
    (1) Application for Permission to Pay Filing Fee in Installments.
    A voluntary petition by an individual shall be accepted for filing
    if accompanied by the debtor's signed application stating that the
    debtor is unable to pay the filing fee except in installments. The
    application shall state the proposed terms of the installment
    payments and that the applicant has neither paid any money nor
    transferred any property to an attorney for services in connection
    with the case.
    (2) Action on Application. Prior to the meeting of creditors, the
    court may order the filing fee paid to the clerk or grant leave to
    pay in installments and fix the number, amount and dates of
    payment. The number of installments shall not exceed four, and the
    final installment shall be payable not later than 120 days after
    filing the petition. For cause shown, the court may extend the time
    of any installment, provided the last installment is paid not later
    than 180 days after filing the petition.
    (3) Postponement of Attorney's Fees. The filing fee must be paid
    in full before the debtor or chapter 13 trustee may pay an attorney
    or any other person who renders services to the debtor in
    connection with the case.


    To me that sounds like attorney type people only, not the agency to do the counseling. Input anyone?
    Ch 7 filed 10/16/07 Pro Se
    341 11/13/07
    Last day for objections 1/14/08
    Discharged 1/17/08

    Comment


      #3
      Get the Debtor Ed Cert. You need it to complete your BK.

      Getting the Debtor Ed Cert is like buying groceries or paying your Electric bill. It's normal course of business to complete your BK.

      Plus, if you don't file the Debtor Ed Cert, the Court can Dismiss your BK. You'd have to wait 180 days to start the whole process all over again.
      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...

      Comment

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