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Ellen, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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My wife and I live in Arkansas. We are at the tail end of a

Resolved Question:

My wife and I live in Arkansas. We are at the tail end of a Chapter 7 BK. Yesterday [December 31] I get a letter from the BK judge that states "Discharge Withheld For Failure to Submit Cert of Instructional Course for Personal Financial Management". This letter is dated December 23, 2009.
At the bottom of the letter is says NOTICE OF CASE CLOSED WITHOUT DISCHARGE
All creditors and parties in interest are notified that the above captioned case has been closed without entry of discharge for the reasons listed below Debtor and or Joint Debtor did not file Official Form 23 Debtor's Certification of Completion of Instructional Course Concerning Financial Management.

We already turned in the paperwork to our attorney for Credit Counseling. I have tried to reach my attorney, but being the Holiday
no such luck. My wife is going nuts and I just need to calm her down.

So if or if not the paperwork has been submitted what are my options?
The reason I say if not is because the last time I spoke to my attorney on this I was under the impression he would contact me when we where ready to deliver the final paper work [I still have bills coming in that
should have been covered in the BK and evidently these people have not received the proper paperwork.

Is there any remedy here?
What should I do next?

BK in Arkansas
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.

Thank you for your question.

Your attorney should have filed the Certification form with the court in a timely manner. Because he did not timely file the Certification, your bankruptcy case was closed. He will need to file a petition with the court to reopen the bankruptcy in order to submit the Certification. Since this was obviously your attorney's error, you will want to insist that you not be charged for his mistake.
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