Debtor Education or Financial Management Course usable in 2nd case?
Posted: Thu Dec 10, 2009 10:40 pm
When the cheapest course is only $15, why would you take the chance?
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On Dec 10, 2009, at 2:24 PM, "Steven B. Lever" wrote:
I have a Chapter 7 client who had her first case we filed dismissed because she was underinsured, and I wanted to refile to capture the medical debts.
However, she completed the Debtor Education course in the prior case, although we never filed it.
A literal reading of 11 U.S.C. 727 (11) would seem to indicate she needs to take the same course again. However, do you think the Court would accept the old prepetition to the 2nd filing certificate?
(11) after filing the petition, the debtor failed to complete an instructional course concerning personal financial management described in section 111, except that this paragraph shall not apply with respect to a debtor who is a person described in section 109 (h)(4) or who resides in a district for which the United States trustee (or the bankruptcy administrator, if any) determines that the approved instructional courses are not adequate to service the additional individuals who would otherwise be required to complete such instructional courses under this section (The United States trustee (or the bankruptcy administrator, if any) who makes a determination described in this paragraph shall review such determination not later than 1 year after the date of such determination, and not less frequently than annually thereafter.); or
Law Offices of Steven B. Lever
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> Steven B. Lever
When the cheapest course is only $15, why would you take the chance?Sent from my iPhoneOn Dec 10, 2009, at 2:24 PM, "Steven B. Lever" <sblever@leverlaw.com> wrote:
I have a Chapter 7 client who had her first case we filed dismissed because she was underinsured, and I wanted to refile to capture the medical debts.
However, she completed the Debtor Education course in the prior case, although we never filed it.
A literal reading of 11 U.S.C. 727 (11) would seem to indicate she needs to take the same course again. However, do you think the Court would accept the old prepetition to the 2nd filing certificate?
(11) after filing the petition, the debtor failed to complete an instructional course concerning personal financial management described in section 111, except that this paragraph shall not apply with respect to a debtor who is a person described in section 109 (h)(4) or who resides in a district for which the United States trustee (or the bankruptcy administrator, if any) determines that the approved instructional courses are not adequate to service the additional individuals who would otherwise be required to complete such instructional courses under this section (The United States trustee (or the bankruptcy administrator, if any) who makes a determination described in this paragraph shall review such determination not later than 1 year after the date of such determination, and not less frequently than annually thereafter.); or
Law Offices of Steven B. Lever
>
> Steven B. Lever
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