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Debtor Counseling not completed before filing
I have had this happen 2x, 2 different reasons...
In my chapter 7, we had a great excuse (really, trust me, the cert was
wrong and we had proof, it was an ETF problem which caused the issue)
but no one ever said boo! about the issue and client got his
discharge.
In my ch 13 with Justice Ahart, who did not sign as being in agreement
with Justice Zurzolo's opinion, the issue was brought up and I had the
explanation (my client took online course but did not somehow realize
he had to call in to complete the course), a declaration from my
client and letter from course provider (hummingbird) and I cited to
the Zurzolo opinion. It was not a problem after that.
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean slate."
"Like the witness protection program!"
"Exactly."
On Thu, Mar 26, 2009 at 7:19 AM, Keith Alan Higginbotham
wrote:
> The key fact that has not been presented yet is which Judge does this case
> involve.
>
> Keith Alan Higginbotham
>
> THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
> 255 S. Grand Avenue, Suite #2109
> Los Angeles, CA 90012-3045
>
> 213.620.0176 (Office)
> 213.613.1200 (Fax)
>
> Higginbothamlaw@aol.com
>
> -----Original Message-----
> To: cdcbaa@yahoogroups.com
> Sent: Thu, 26 Mar 2009 7:09 am
> Subject: RE: [cdcbaa] RE: Debtor Counseling not completed before filing
>
> Have him complete and file the Credit Counseling Certificate ASAP. I've
> seen a fair number of cases (not mine, thank goodness) where a late-filed
> Certificate was accepted with no repercussions. Remember that someone
> (clerk, court, Trustee, UST, creditor, etc.) has to do something affirmative
> to seek to dismiss the case.
>
> James R. Selth
> Weintraub & Selth, APC
> 12121 Wilshire Boulevard, Suite 1300
> Los Angeles, California 90025
> Telephone: (310) 207-1494
> Facsimile: (310) 442-0660
> E-Mail: jim@wsrlaw.net
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
> OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR,20ANY REVIEW, USE, DISSEMINATION,
> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
> NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION
>
> Nicholas
> Sent: Wednesday, March 25, 2009 7:15 AM
> To: cdcbaa@yahoogroups.com
> Subject: [SPAM] RE: [cdcbaa] RE: Debtor Counseling not completed before
> filing
> Importance: Low
>
> I filed a Chapter 7 Bankruptcy. I thought that the Debtor had completed the
> Client Counseling before I filed, but he didnt. What do I do now?> expect the case to get dismissed at some point, and then I either have to re
> file the case again, or do a motion. Anything I can do to prevent it from
> getting dismissed?
>
> Thanks.
>
> Nicholas S. Nassif, Esq.
> LAW OFFICES OF NICHOLAS S. NASSIF
> 3055 WILSHIRE BLVD.
> SUITE 900
> LOS ANGELES, CA 90010
>
> TELEPHONE- 213-736-1899
> FAX- 213-736-5656
> WEB- www.nassif.com
> E-MAIL- nsnassif@pacbell.net
>
> ________________________________
> Great Deals on Dell 15" Laptops - Starting at $479
>
The post was migrated from Yahoo.
Get counseling immediately and file it NOW. VZ has ruled this is not a
jurisdictional defect and can be cured. Who knows if that will work in your
case, but give it a try.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Nicholas
Sent: Wednesday, March 25, 2009 7:15 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] RE: Debtor Counseling not completed before filing
I filed a Chapter 7 Bankruptcy. I thought that the Debtor had completed the
Client Counseling before I filed, but he didnt. What do I do now? I
expect the case to get dismissed at some point, and then I either have to re
file the case again, or do a motion. Anything I can do to prevent it from
getting dismissed?
Thanks.
Nicholas S. Nassif, Esq.
LAW OFFICES OF NICHOLAS S. NASSIF
3055 WILSHIRE BLVD.
SUITE 900
LOS ANGELES, CA 90010
TELEPHONE- 213-736-1899
FAX- 213-736-5656
WEB- www.nassif.com
E-MAIL- nsnassif@pacbell.net
Message
Get counseling immediately
and file it NOW. VZ has ruled this is not a jurisdictional defect and can
be cured. Who knows if that will work in your case, but give it a
try.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
The key fact that has not been presented yet is which Judge does this case involve.
Keith Alan Higginbotham
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
213.620.0176 (Office)
213.613.1200 (Fax)
Higginbothamlaw@aol.com
To: cdcbaa@yahoogroups.com
Sent: Thu, 26 Mar 2009 7:09 am
Subject: RE: [cdcbaa] RE: Debtor Counseling not completed before filing
Have him complete and file the Credit Counseling Certificate ASAP. I've seen a fair number of cases (not mine, thank goodness) where a late-filed Certificate was accepted with no repercussions. Remember that someone (clerk, court, Trustee, UST, creditor, etc.) has to do something affirmative to seek to dismiss the case.
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.E DELETE THIS MESSAGE FROM YOUR SYSTEM.
THANK YOU IN ADVANCE FOR YOUR COOPERATION
The post was migrated from Yahoo.
Have him complete and file the Credit Counseling Certificate ASAP. I've seen a fair number of cases (not mine, thank goodness) where a late-filed Certificate was accepted with no repercussions. Remember that someone (clerk, court, Trustee, UST, creditor, etc.) has to do something affirmative to seek to dismiss the case.
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION
The post was migrated from Yahoo.
I filed a Chapter 7 Bankruptcy. I thought that the Debtor had completed the
Client Counseling before I filed, but he didn't. What do I do now? I
expect the case to get dismissed at some point, and then I either have to re
file the case again, or do a motion. Anything I can do to prevent it from
getting dismissed?
Thanks.
Nicholas S. Nassif, Esq.
LAW OFFICES OF NICHOLAS S. NASSIF
3055 WILSHIRE BLVD.
SUITE 900
LOS ANGELES, CA 90010
TELEPHONE- 213-736-1899
FAX- 213-736-5656
WEB- www.nassif.com
E-MAIL- nsnassif@pacbell.net
The post was migrated from Yahoo.