OSC on 109(h) failure to file cc cert on one of the debtors
Posted: Sat Jul 27, 2013 1:55 pm
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.
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> 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
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> 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
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> 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
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> 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.
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> 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.
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> When I saw the pdf for credit counseling I assumed it was for both of them.
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> Anyway, I decided to just skip the 341A for the husband and refile both of them and eat the costs myself.
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> Now comes this OSC, and I wonder if the judge will have other ideas.
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> Any comments or advice on my strategy or the OSC?
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> Steve
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> 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
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