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I filed chapter 7 and got a final decree and was without a discharge

Lewisburg, PA |

they said i did not complete my personal financial management which i did and mail to them within the time aloud. the code they used was F.R.B.P. 4004(c)(1)(H). BUT I DID FINISH THAT COURSE WHAT CAN I DO REFILE OR APPEAL I DID ALL THIS WITHOUT A LAWYER. I HAVE NO MONEY TO GET ANY ADVICE CAN YOU HELP.

Attorney Answers 3

  1. Best answer

    Here in Pennsylvania, the filing fee to re-open your case will be $260.00.

    The bankruptcy court in your district (same as mine) rarely objects to a case being re-opened to enable one to file a Certificate of Financial Management.

    Your motion can be three or four sentences. Just explain it all in plain English, indicating that you filed your case on your own and were not aware of this final requirement.

    If you had reasonable cause for not filing the Certificate, sometimes the court will waive the filing fee.

  2. This is a very tough situation. You should file a motion to reopen your bankcruptcy and then finish filing your credit counseling course ( both portions of it) and then get your discharge. To file your motion it will cost you a filing fee of like $50. I think you should ask your local Legal Aid office to help you. You probably need an attorney, as you can tell the technical requirements are very substantial.

  3. Even if you mailed the certificate showing you completed the required counseling, if the Court didn't receive it (or receive it timely), and you still want to obtain the discharge, you will need to move to reopen the case. Here in Michigan, that costs $260 (hopefully, it's less where you are). You need to prepare and file the Motion, and you must include as an exhibit to the motion a copy of the certificate that shows you did complete the counseling. With the motion, you should also submit an Order for the Judge to sign that reopens the case so you can file the counseling certificate. Check to see if there's a legal aid or law school clinic that can help you with preparing the motion. Good luck.

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