Debtor Counseling not completed before filing
Posted: Thu Mar 26, 2009 1:12 pm
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
>
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>
> 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
>
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