this may be a dumb question but... i have looked at a few of the websites for the required credit counseling that has to be done before and after filing. i think for all the ones i saw, when you go to put in your information to register, it asks for your bankruptcy case number or something like that. i don't understand - i thought you need to do this counseling before you file, so how would you already have a case number? what am i missing here?
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It is my understanding that you can do your credit counseling before you do file your petition. If may ask for the number only if you know it... otherwise leave it blank... it can be filled in later.
I do believe that it does have to be done within 5 days after the filing of the petition so that it proven to the Court and Trustee that the counseling has been completed before they continue with your case...
I'm like you - do you need that case number on there or not??? If so then you would file first, get case number, and then do the counseling..... only logical...
Also the counseling (after the 341 meeting) and before discharge has to be completed before discharge and closing.
I don't believe counseling prevents bankruptcy, it only shows you where you made your mistakes that caused bankruptcy.....
So I'm sure it serves its purpose..... maybe just too late for most...Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.
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One certificate is needed BEFORE filing and another is needed after filing but before the judge will issue a discharge. The sites that need the case is for the second certificate (pre-discharge)Originally posted by monlyba View Postthis may be a dumb question but... i have looked at a few of the websites for the required credit counseling that has to be done before and after filing. i think for all the ones i saw, when you go to put in your information to register, it asks for your bankruptcy case number or something like that. i don't understand - i thought you need to do this counseling before you file, so how would you already have a case number? what am i missing here?Dena Ch 7 (Joint)
FILED Oct 23 2006
341 meeting Nov 16 2006 DONE!!!!
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Ekelly is absolutely right. Mon, you are looking at the after-filing bankruptcy education - you need the pre-filing education. If the education is asking for your case number, it's not the right one - don't take it!Originally posted by ekelly4200 View PostOne certificate is needed BEFORE filing and another is needed after filing but before the judge will issue a discharge. The sites that need the case is for the second certificate (pre-discharge)
Two of the best online sites for the required pre-filing counseling that are frequently recommended by bk lawyers are Hummingbird at http://www.hummingbirdcreditcounseling.org/ and Institute for Financial Literacy at http://www.financiallit.org/ . We used Hummingbird - it was simple and straightforward. Just click the Bankruptcy Certifications button, then click the Before Bankruptcy button. They make it easy!
Also you can do your required pre-filing education any time within 180 days of filing, but you MUST have the successful completion certificate in hand to file along with your forms - 99.99% no exceptions! Don't put off doing it until the last minute - it typically takes about five business days to get your certificate (that's the five days Minny mentioned). However, it sounds like you are getting things done in a timely fashion - good for you!I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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[I tried to post this within Minny's post, but the system is telling me it's too short and to lengthen it by 1 character
Am pasting my replies to Minny's comments below....]
The new law made this stupid new pre-filing requirement SO complicated!! Actually if the education is asking for your case number, it isn't the right pre-filing bk education. Only the post-filing, before-discharge required education asks for the case number.
The pre-filing required education can be done any time within 180 days before filing - you just have to have the successful completion certificate in hand before filing. Getting the certificate takes about 5 business days, so that's as close as someone who is filing in an emergency to stop a foreclosure, etc. can cut it....for now at least.
Everyone involved in bk from the judges to the lawyers say the whole pre-filing education requirement is just a thinly disguised ploy to stop last-minute emergency foreclosures and make it harder and more expensive to file bk, period. It's just another example of the hard-earned credit and banking lobbying dollars paid off in full. The effective financial education comes before discharge, not before filing when it's obviously too late to change financial habits....sheesh! It's such a sham, and it hurts those who can least afford it and need bk protection the most.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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I did my pre-filing "counselling" with CCCSINC.ORG out of Atlanta. Basically give 'em $50, enter your financial info, and you get a certificate. No counselling, no conversation, just an automated chat session that spits out the three authorization codes while you fill out info. It's got federally-approved scam written all over it, but ya gotta do it.
Never even asked my "counsellor" anything except, "Is there something you need to know before we go on?" Answer was "No, here's your next authorization code." No case number, no attorney info, no nuthin' but an OK to take $50 out of your bank account. Done deal.
On the confidence-inspiring scale it got a 1.5 (out of ten).09/13/06: -- C13 filed with Courts
12/04/06: -- Plan confirmed!
Payments left: -- 38
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The pre petition requirement is credit counseling which will do nothing except set you back $50 and this has to be done inside 6 months before filing. Courts will dismiss you if this isn't done. There are cases floating around this forum on dismissals because of lack of counseling. The second course is a financial management course which must be taken after filing, but before discharge. You have more time to take this if filing a chapter 13 since you will be years from discharge. Even some judges think this is a big waste for chapter 13 filers since they learned the hard way. A chapter 13 surviver is the most educated person in the world on financial management.
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