When I filed the bankruptcy the first time, does that count or will the case be dismissed? 12 Answers as of May 22, 2014

I filed a Chapter 13 bankruptcy on 5/5/2014. I took the pre filing course on April 2013. I don’t have an attorney.

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Steven Alpers | Steven Alpers
The case may be dismissed. There are certain urgent situations where you can take the class after filing. You could call the trustee and see if they will accept a late class. If so do it now or do it and get it filed immediately.
Answer Applies to: California
Replied: 5/22/2014
Law Offices of Jora Malaky
Law Offices of Jora Malaky | Jora Malaky
You will need to retake the course. Furthermore, if you did not attend the meeting of creditors, your BK will be dismissed. I would strongly urge that you obtain counsel to assist with a chapter 13. Chapter 13 is more complicated than a chapter 7 and failure to comply with its strict requirements will almost ALWAYS lead to a dismissal. Repeated filings can then lead judges to impose a bar against you and prevent you from refilling. Another important questions is why you are filing BK?
Answer Applies to: California
Replied: 5/20/2014
The Orantes Law Firm
The Orantes Law Firm | Giovanni Orantes
A certificate of completion of the pre-bankruptcy course expires after 180 days (roughly 6 months). Most judges will dismiss your case (assuming that you do not have a valid excuse, which are extremely rare due to how easy it is to get the certificates). And, frankly, you do not want to go through and complete a chapter 13 plan and learn years later that it was for nothing because the judge will not give you your discharge due to the mistake in not taking the class properly.
Answer Applies to: California
Replied: 5/20/2014
Law Office of Peter M. Lively
Law Office of Peter M. Lively | Peter M. Lively
The certificate is only good for 6 months. The court will likely set a hearing re order to show cause why case should not be dismissed for failure to obtain a valid certificate. Best approach at this stage is to get a new certificate and file it quickly, then go to the hearing and explain the circumstances to the judge.
Answer Applies to: California
Replied: 5/20/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
Your case should be dismissed if the Trustee notices and follows the letter of the law. You are supposed to have taken the course within 6 months of filing.
Answer Applies to: California
Replied: 5/20/2014
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    The pre-filing course certificate is only good for 6 months. So if you filed your more than 6 months after the pre-filing course completion date then the court may dismiss your case. The court may give you an opportunity to correct this.
    Answer Applies to: California
    Replied: 5/20/2014
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Unfortunately no it does not. The certificate is valid for 6 months only. If you read exhibit D, which you probably signed says "within the 180 days before filing of my bankruptcy, i received a briefing..." But you did not actually get one. Your case must be dismissed. Please retain an attorney for your chapter 13. Statistics show that the success rate without one is less than 5%.
    Answer Applies to: California
    Replied: 5/20/2014
    Law Office of Paul Staley
    Law Office of Paul Staley | Paul Staley
    You'll need to file the certificate from the April 2013 credit counsel class. The Court won't automatically know, in the second case, that you complied with this requirement unless you file the certificate int he new case. The certificate is good for 180 days but that doesn't help you if it's not actually filed in the new case.
    Answer Applies to: California
    Replied: 5/20/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It will be dismissed. The class is only good for 6 months.
    Answer Applies to: California
    Replied: 5/20/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    You must take the course within 180 days of the filing of the petition. The case will most likely be dismissed if the trustee or a creditor files a motion to dismiss the case.
    Answer Applies to: California
    Replied: 5/20/2014
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    As long as the course was taken within 6 months of the date you file, it will be effective for that filing.
    Answer Applies to: California
    Replied: 5/20/2014
    Law Offices of Patrick Edaburn | Patrick Edaburn
    Pre filing credit counseling certificates are only good for 6 months. So based on what you say it sounds like the certificate was too old.
    Answer Applies to: California
    Replied: 5/20/2014
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