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credit counseling snafu

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    credit counseling snafu

    Anybody have any ideas about my options? I called a credit counseling in fall when i finished up the rep told me I could call back if i needed a certificate it would be $50. I filed last week and because of what the rep said I filed and then called the counseling firm for the certificate afterward. They told me I did not have the proper counseling and that i did not prepare a budget when I spoke with them in fall. My credit counseling is dated the day after the filing. Has anybody dealt with this? I am frantic! I have an email from them from my fall session that includes a budget, but it doesn't mention calling back to get the certificate:

    #2
    Wow, just wow. This is not good. The credit counseling requirement is what they call jurisdictional, meaning it has to be done before filing. The counselors are probably right in that you took the wrong class. You also need to make sure you take a class from a list that the Office of the United States Trustee (OUST) provides for approved providers in your area.

    I don't know what to tell you. You really need to get the right class done immediately. If the same place is an authorized / approved provider in your area, then I would get it from them. This could mitigate any issues if the Court or the Trustee thinks that what you handed in is invalid... because you are supposed to submit the certificate as well.

    Do you have PACER? Did the Clerk already file a deficiency notice?

    Actually, I don't understand what you're writing. Are you saying that you actually have a certificate for the right class now, but it's dated one day after filing? (If so, that may get your case dismissed.) Or, are you saying that you filed a certificate for the wrong class? (If so, that may get your case dismissed.) A budget isn't actually required to be submitted.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.

    Comment


      #3
      I have not yet submitted the crertificate. I have until wednesday to submit it.
      I did take the course. I completed it at 12:30 am the next morning. I can't believe I did this. I had $50.67 to my name when I filed. I was afraid I would have to leave something at the courthouse and felt confident that I had completed the counseling. My filing fees have been waived. I talked to the same counseling agency in May and September and February.
      I am waiting for my pacer log in to come in the mail.
      Last edited by fiscalbrouha; 02-27-2010, 10:19 PM.

      Comment


        #4
        Well, we'll just have to wait and see if anyone catches the problem. Make sure that you let us know.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.

        Comment


          #5
          Check to see if your court provides an application for waiver of the credit counseling requirement under certain circumstances. The BK rules allow for this under special circumstances. If you attended a credit counseling course that you thought was correct and you submit that proof with the request/motion/application/petition (whatever your jurisdiction calls it) then I would think a judge would accept it seeing as you actually did counseling that you thought was what you needed to take for filing BK.

          --William
          I am an attorney, but I am just not your attorney.
          As such, any statement is not intended to create an attorney/client relationship.

          Comment


            #6
            Thank you for saying that! I thought there must be something I could do to try to salvage this. I have to say it seems better, without the benefit of counsel as a witness, to not bring integrity and diligence into question, so I was hoping for feedback that would provide a way to bring it up myself and also provide a way for me to take action on it. There is a waiver application. I should have thoughtof that. Thank you! I will give it a try.

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              #7
              whew!

              I haven't heard a thing about this!!
              I had my 341 today. It went very smoothly.

              Comment


                #8
                Nice! Congratulations!
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                I am not an attorney. Any advice provided is not legal advice.

                Comment


                  #9
                  Very nice! Good job!

                  Comment

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