My bankruptcy case is being dismissed for not completing the pre-petition course how can I stop this from happening? 24 Answers as of April 11, 2013

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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
I don't think you can, but some jurisdictions are very generous & will let you take it & file it. Consult the clerk.
Answer Applies to: Texas
Replied: 12/11/2012
Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
This might not be an option depending on where you live. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answer Applies to: Arizona
Replied: 12/6/2012
Tom Scott & Associates | John Hauber
You cannot stop this from happening. There are many requirements called "debtor's duties" that must be completed prior to filing, prior to the meeting of creditors and prior to discharge. You would likely need an experienced bankruptcy attorney to get you successfully through a bankruptcy proceeding. Bankruptcy Code Section 109(h)(1) outlines the pre-filing credit counseling and states that an individual may not be a debtor under this title unless such individual has during the 180-day period preceding the date of filing received from an approved nonprofit company the credit counseling and budget analysis. There used to be exceptions in 2005 when the law was created that there were exigent circumstances and counseling was not available. That no longer applies as there are many 24-hr credit counseling companies that can perform the work immediately. Accordingly you were not eligible to be a debtor in bankruptcy on the date that the case was filed and will have to try again. I would strongly suggest that you seek legal advice to make sure that you get through the process.
Answer Applies to: Indiana
Replied: 12/6/2012
Dan Wilson Bankruptcy
Dan Wilson Bankruptcy | Dan Wilson
If you file a BK petition without the counseling cert court will automatically dismiss case. You will have to refile and pay the filing fee. Maybe you should hire a lawyer. I know its tough when you are already in financial trouble but there are so many pitfalls for the profiler.
Answer Applies to: Colorado
Replied: 12/6/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can try filing a motion to have the course excused, but that is a bit tricky to do on your own. If the case is dismissed you can refile, but you will need to "file and have heard" a motion to keep the automatic stay in place for more than 30 days in this second case. The forms are probably on your local court web site. These are some of the pitfalls of doing it on your own.
Answer Applies to: California
Replied: 12/6/2012
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    You can't. It is required that you complete the course within six months BEFORE you filed. If you didn't, the court has no choice - it's the law.
    Answer Applies to: Utah
    Replied: 12/5/2012
    Law offices of John P. Brooke | John Brooke
    I would recommend completing the credit counseling as soon as possible if you haven't done so already. You would probably need to file something with the court, depending on the local court and Judge's rules, asking the Court not to dismiss your case. If the Court does not grant your request you may want to consider seeking legal counsel.
    Answer Applies to: New York
    Replied: 12/5/2012
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    You should seek to retain bankruptcy counsel.
    Answer Applies to: Georgia
    Replied: 12/5/2012
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If you didn't complete the class, there is nothing that you can do to stop the dismissal of your bankruptcy case. If you did complete the class but didn't file the certificate, then file the certificate and show up in court to explain why you didn't file the certificate with the petition. Next time, get an experienced bankruptcy attorney to represent you.
    Answer Applies to: Nevada
    Replied: 12/5/2012
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    You can file a motion to waive but it may be do late and you may need to refile.
    Answer Applies to: Florida
    Replied: 12/5/2012
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    You can't. The law requires, with very, very few exceptions that you complete the counseling prior to filing. Unless you fall into the very limited exceptions, you will have to have it be dismissed, take the course and re-file when you can. You will also have to pay the filing fees again. I would suggest looking for a lawyer that takes payments and allowing them to handle this for you. The fact that you missed something this basic should be warning that you probably missed other things in your paperwork. There is a fine and/or possible imprisonment penalties possible in bankruptcy, and you are swearing under oath as to the accuracy of the filing. Definitely not something to mess with!
    Answer Applies to: Michigan
    Replied: 12/5/2012
    Danville Law Group | Scott Jordan
    Complete the course and file the certificate of completion prior to the dismissal.
    Answer Applies to: California
    Replied: 12/5/2012
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    If you didn't take the course, then you can't stop it from being dismissed. However, you could take the course and then file a new bankruptcy case and pay another court filing fee. Bankruptcy is complex, as you have discovered. I recommend that you hire an attorney the next time, even if you have to wait and save up for it.
    Answer Applies to: Minnesota
    Replied: 12/5/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    Normally you can't. It is mandatory. However,you can refile after you do it. It is usually a bad idea to proceed without an attorney. You should consider finding one to assist you.
    Answer Applies to: Arkansas
    Replied: 12/5/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    You cannot. If you had an attorney, he or she would have known about this and would have made sure it was done. That is the value of using a professional, even if you have limited resources to pay for one. You will have to do the course, pay another filing fee and refile, and hope you have done everything else correct as well.
    Answer Applies to: California
    Replied: 12/5/2012
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Unfortunately, there is nothing that you can do at this point to avoid dismissal. You should be able to re-file your case once you have completed the required credit counseling session, but you will have to pay another filing fee to do so. This is only one of the many things that can go wrong when folks try to file cases without the assistance of an attorney. It might be worth the cost of a reasonable attorney's fee to ensure that things get done correctly. For many, it can save money and heartache in the long run.
    Answer Applies to: Colorado
    Replied: 12/5/2012
    Connaghan Newberry Law Firm
    Connaghan Newberry Law Firm | Tara D. Newberry
    Unfortunately, the credit counseling course must be completed prior to filing. So if you did not take the class, then the case will be dismissed. Once you've completed the course, you can refile your case, but will need to complete all of the paperwork again and resubmit.
    Answer Applies to: Nevada
    Replied: 12/5/2012
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