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OSC on 109(h) failure to file cc cert on one of the debtors
Hello:
Judge BB files an osc in every case where there is no credit counseling cert. All that is going to happen is the case will be dismissed and you will have to file another one.
d
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On Jul 26, 2013, at 1:26 PM, Catherine Christiansen wrote:
> file a response to the OSC explaining what happened. Simple inadvertence in the filing of only one credit counseling cert. It used to be the court sanctioned the attorney for failures such as these. You are self sanctioning. I would definitely let the court know that you are sanctioning yourself and not charging double for the filings.
>
>
>
> Law Office of Catherine Christiansen
> 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
> Tel: (714) 375-6651 Fax: (562) 490-8572
> attorneychristiansen@gmail.com
>
>
>
> To: cdcbaa@yahoogroups.com
> Sent: Friday, July 26, 2013 12:56 PM
> Subject: [cdcbaa] OSC on 109(h) failure to file cc cert on one of the debtors
>
>
> I have an OSC next month because I filed a couple of Chapter 7 Debtors with just one credit counseling certificate. It is before BB
>
> My paralegal was on vacation and I thought I could do it without messing it up, although I hadnt filed a case in a long, long time.
>
> It was going to be an individual case that I started preparing last year and filed about 5 weeks ago. The wife had no debt on the credit report so I didnt want to file her, but there was dischargeable tax debt and they filed joint returns for the dischargeable years, so about 2 3 months ago I decided to add her on, but forgot to have her do the credit counseling too.
>
> When I saw the pdf for credit counseling I assumed it was for both of them.
>
> Anyway, I decided to just skip the 341A for the husband and refile both of them and eat the costs myself.
>
> Now comes this OSC, and I wonder if the judge will have other ideas.
>
> Any comments or advice on my strategy or the OSC?
>
> Steve
>
> Law Offices of Steven B. Lever
> >
> > Steven B. Lever
> >( Tel. (562) 436-5456 ext. 1
> >( Fax (562) 485-6886
> >* sblever@leverlaw.com
> > www.leverlaw.com
>
>
>
>
The post was migrated from Yahoo.
I am a new attorney so this may be terrible advice but I think being
completely honest is the way to go, especially when the facts are what you
say they are. I think that not charging them is also a key fact that will
help you.
I also agree with Catherine that filing a response is the way to go because
you may get a good tentative!
I also think that if something similar happens in the future, you should
contact a few people off list serv and see what they say.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Fri, Jul 26, 2013 at 1:26 PM, Catherine Christiansen wrote:
> **
>
>
> file a response to the OSC explaining what happened. Simple inadvertence
> in the filing of only one credit counseling cert. It used to be the court
> sanctioned the attorney for failures such as these. You are self
> sanctioning. I would definitely let the court know that you are
> sanctioning yourself and not charging double for the filings.
>
>
>
> Law Office of Catherine Christiansen
> 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
> Tel: (714) 375-6651 Fax: (562) 490-8572
> attorneychristiansen@gmail.com
>
> * ***
> **
>
> ------------------------------
> *From:* Steven B. Lever
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Friday, July 26, 2013 12:56 PM
> *Subject:* [cdcbaa] OSC on 109(h) failure to file cc cert on one of the
> debtors
>
>
> I have an OSC next month because I filed a couple of Chapter 7 Debtors
> with just one credit counseling certificate. It is before BB
>
> My paralegal was on vacation and I thought I could do it without messing
> it up, although I hadnt filed a case in a long, long time.
>
> It was going to be an individual case that I started preparing last year
> and filed about 5 weeks ago. The wife had no debt on the credit report so
> I didnt want to file her, but there was dischargeable tax debt and they
> filed joint returns for the dischargeable years, so about 2 3 months ago
> I decided to add her on, but forgot to have her do the credit counseling
> too.
>
> When I saw the pdf for credit counseling I assumed it was for both of
> them.
>
> Anyway, I decided to just skip the 341A for the husband and refile both of
> them and eat the costs myself.
>
> Now comes this OSC, and I wonder if the judge will have other ideas.
>
> Any comments or advice on my strategy or the OSC?
>
> Steve
>
> Law Offices of Steven B. Lever
> >
> > Steven B. Lever
> >( Tel. (562) 436-5456 ext. 1
> >( Fax (562) 485-6886
> >* sblever@leverlaw.com
> > www.leverlaw.com
>
>
>
>
>
I am a new attorney so this may be terrible advice but I think being completely honest is the way to go, especially when the facts are what you say they are. I think that not charging them is also a key fact that will help you.
I also agree withCatherine that filing a response is the way to go because you may get a good tentative!I also think that if somethingsimilarhappens in the future, you should contact a few people off list serv and see what they say.
Sincerely, Michael AvanesianLaw Offices of David A. Tilemwww.tilemlaw.com
818-507-6000
On Fri, Jul 26, 2013 at 1:26 PM, Catherine Christiansen <christiansenlaw@yahoo.com> wrote:
file a response to the OSC explaining what happened. Simple inadvertence in the filing of only one credit counseling cert. It used to be the court sanctioned the attorney for failures such as these. You are self sanctioning. I would definitely let the court know that you are sanctioning yourself and not charging double for the filings.
The post was migrated from Yahoo.
I have an OSC next month because I filed a couple of Chapter 7 Debtors
with just one credit counseling certificate. It is before BB
My paralegal was on vacation and I thought I could do it without messing
it up, although I hadn't filed a case in a long, long time.
It was going to be an individual case that I started preparing last year
and filed about 5 weeks ago. The wife had no debt on the credit report
so I didn't want to file her, but there was dischargeable tax debt and
they filed joint returns for the dischargeable years, so about 2 - 3
months ago I decided to add her on, but forgot to have her do the credit
counseling too.
When I saw the pdf for credit counseling I assumed it was for both of
them.
Anyway, I decided to just skip the 341A for the husband and refile both
of them and eat the costs myself.
Now comes this OSC, and I wonder if the judge will have other ideas.
Any comments or advice on my strategy or the OSC?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
The post was migrated from Yahoo.