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For some people, filing for bankruptcy comes only when the money is gone and they’ve got no ability to repay their debts.
But for one entrepreneur and his wife, filing their Chapter 11 bankruptcy petition was a way to keep things going and ensure that everyone got paid.
Craig Walker and his wife, Susan, filed for Chapter 11 bankruptcy in Colorado, estimating their assets at between $100 million and $500 million and liabilities at between $10 million and $50 million.
The Walkers are officers, directors, shareholders or members of several companies, including Integrated Cable Systems Inc. of Longmont and Walker Component Group of Denver, which supplies cables and components used by Vestas Wind Systems’ wind turbines, as well as ranches, two malls, and the banks of Custer Bancorp and First Southwest Bank Corp.
By all accounts, things are in fantastic shape.
This doesn’t sound as if the couple needs to file for bankruptcy, does it? With plenty of money at their disposal and business interests that keep them financially fit, the last thing you’d expect would be a trip to the bankruptcy court.
In fact, according to a report in the Denver Business Journal, the couple said in a federal court filing that they want a federal judge to oversee “an orderly and fair” voluntary Chapter 11 bankruptcy process that will ensure all their creditors, and not just one, are paid in full. Craig Walker’s lawyer said that Walker’s businesses, “should not be impacted by the Chapter 11 filing. The whole point of a Chapter 11 is to continue the operation of the entities.”
So why file for bankruptcy?
The answer is simple. One of Walker’s largest creditors, Wells Fargo & Co., has a court judgment for an unpaid $11 million loan. Walker cosigned the loan, and Wells Fargo is now trying to get him to pay the unpaid balance of $23 million, in spite of the fact that the bank has allegedly already collected $21 million on the judgment.
That’s right – Wells Fargo got a judgment for an unpaid business loan and is now trying to collect more than twice the loan amount from Walker, in spite of the fact that it’s already received $21 million.
Without the oversight of the bankruptcy court, Walker said in a court filing, “the debtors and their creditors (both secured and unsecured) were being subjected to an unorganized and unaccountable private liquidation that preferred only one creditor, Wells Fargo, and was destroying the value of debtors’ assets.”
In other words, filing for bankruptcy was the only way for the Walkers to keep things fair and orderly.
And in allowing the bankruptcy court to oversee things, they have the time and ability to watch over their business interests.
Everybody wins.
Though this case involves far more money than you’ve probably got at stake, it’s interesting to remember that using the bankruptcy system is often a smart way to keep your debt repayment plans orderly and fair to everyone – including you and your family.
The post Why This Successful Business Owner Filed For Bankruptcy appeared first on Bankruptcy and Student Loan Lawyers - 866.787.8078.
Here at Shenwick & Associates, many of our bankruptcy clients (especially younger ones) have outstanding student loans. Although the Bankruptcy Code doesn't contain an express prohibition against discharging student loans in bankruptcy, the bar to doing so is very high. Most (but not all, as we'll discuss below) appellate courts, follow the standard laid out in Brunner v. New York State Higher Education Services Corp. The debtor must show that: (1) he or she cannot maintain, based on current income and expenses, a minimal standard of living for the debtor and dependents if forced to pay off the student loan; (2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loan; and (3) that he or she has made good faith efforts to repay the loans.
Unfortunately for debtors in New York, Connecticut and Vermont (whose federal courts are under the jurisdiction of the Second Circuit Court of Appeals), the Brunner test remains good law and will do so until either the Second Circuit or the Supreme Court overrules Brunner or Congress amends the Bankruptcy Code. However, in the 28 years since Brunner, the standard has increasingly come under attack. An article in The New York Times last month discussed some of the debtors who have fought to get their loans discharged in bankruptcy and the judges who have dissented from Brunner.
The article focused on two cases from 2013, Krieger v. Educational Credit Management Corp. (In re Krieger) (7th Cir.) and Roth v. Educational Credit Management Corp.(In re Roth) (B.A.P. 9th Cir.). In In re Krieger, the debtor lived in a rural area of Illinois and cared for her elderly mother while unsuccessfully searching for paralegal work for a decade. Despite the slim likelihood the debtor would be able to repay any of her $25,000 student debt, the loan holder argued that she should enroll in an income-based repayment program. In an opinion written by the influential Judge Frank Easterbrook (who was Chief Judge at the time) discharging the debtor's student loan debts, Judge Easterbrook claimed that the Brunner standard was threatening to supersede the "undue hardship" provision of Bankruptcy Code § 523(a)(8)and convert it into a "certainty of hopelessness."
That same month, a similar decision was issued in In re Roth. In this case, the 64 year old debtor had acquired $33,000 of student loan debt (which ballooned to $95,000 in default) acquired years earlier, citing a variety of physical and mental ailments. She successfully discharged her medical debt in bankruptcy, but had to commence an adversary proceeding to prove "undue hardship," copying statutes at a local law library and watching episodes of "Law and Order." The Bankruptcy Appellate Panelheld that "failure to negotiate or accept an alternate payment plan is not dispositive" of a finding of good faith. And in a concurring opinion, Judge Pappas pointed out that both § 523(a)(8) and student loan borrowing have changed since 1987, calling Brunner "a relic of times long gone."
Until Brunner is legislatively or judicially overruled, consider some of these student loan debt strategies, and contact Jim Shenwick for an analysis of your student loan and other debts.
Today’s Delavan real estate buyers are savvier than ever. This is mainly because Millennials are now of home buying age and they are the most internet friendly generation that home buyers have ever encountered. Millennials have grown up with access to infinite information at their fingertips via the internet. They search and review everything online before taking the next steps in the purchasing decision process. They love videos, photographs, and social sharing. Zillow has stated that Millennials will overtake baby boomers as the generation purchasing the largest number of homes this year. This makes their preferences more important than ever.
How can you market your home to Generation Y? Below you will find 4 tips to assist you with selling your home to Millennials.
4 Tips to Sell Your Home in 2015 from our Delavan Real Estate Lawyer
1. Excellent Photographs are Crucial. Gone are the days of a drive-by being the first time a buyer sees your home. Today’s home buyers will see your home for the first time on the internet. If they don’t like what they see online, they will keep searching on the internet until they find a home photograph they do like. Most buyers look at photographs before even reading your home description. If you don’t have outstanding photographs, you are doing it wrong. Here’s what you don’t need: dark photos, no photos, only one photo of the front exterior of your house, photos of messes and clutter, photos with toilet seats up, photos with pets included, and the list goes on. Your real estate agent’s first priority when marketing your home should be excellent photographs that include the home’s exterior (front and back), interior (all rooms), good lighting, no clutter, day and evening photographs (if necessary), and any special features. Many times you will find real estate listings bragging about the great view from the home with not a single photograph of the “great view” mentioned. If you can’t impress buyers online, you’ll never get them in your front door.
2. Conduct Pre-Sale Inspections. Conducting pre-sale inspections will take care of a few issues. First, if you discover any issues with your home during any type of inspection, you can correct the problem or price the home accordingly. Second, you seem upfront and honest to buyers. You have nothing to hide. Third, you are saving buyers time and money on inspections. This speeds up an offer and closing time. Last, you will eliminate the back and forth hassle with buyers regarding price reductions or credits due to faulty equipment, systems, or structure.
3. Choose A Technologically Advanced Real Estate Agent. Millennials are using their smart phones to perform most of their home buying searches. Your real estate agent must have a mobile-friendly website where Millennials can view your home. Apps are their preferred method to check home listings. They also want their questions answered right now. They are the Google generation and are used to receiving information when the need it, immediately. If they stop on your listing and have a question, how quickly can your real estate agent respond? Does your real estate agent’s website have a chat feature? Are they active in social media? Do they have a mobile website? Does the real estate company have an app?
4. Give Buyers Something. Millennials are used to getting freebies. If they ask for an early closing date, let them have it. If they want a home warranty, and you can do it, give it to them. If they ask for credits, supply them. If they want the patio furniture, let them have it. Small gestures go a long way.
Above all, when it comes to selling your home to any generation, put yourself in the buyer’s shoes. Ask yourself these questions: Are these the photographs I would want to see when viewing my home online? Do these photographs of my home make me want to schedule a showing? Do these photographs represent my home in a top-quality manner? As a buyer, what completed inspections would help convince me to purchase a home? When viewing my home for sale on a smart phone, is the listing description, photographs, and contact information legible? How easily is my listing accessed online? How many websites is my home listed on and which ones? How quickly is my real estate agent updating my listing? How quickly is my real estate agent answering questions from potential buyers? (Ask a question online and see how long the response time is.) Is there anything I can include with my home that will help entice an offer, such as included furniture, hot tub, boat, etc.?
Contact Our Delavan Real Estate Lawyer
Are you a seller who needs assistance with your Delavan real estate transaction? Contact our Delavan real estate lawyer. Wynn at Law can assist you with all your legal real estate needs. Schedule an appointment by contacting our Delavan real estate lawyer by phone at 262-725-0175 or by email via our website’s contact page. Wynn at Law has offices located in Lake Geneva, Muskego, Salem, and Delavan, Wisconsin.
*The content and material on this web page is for informational purposes only and does not constitute legal advice.
Sometimes the most important question about discharging student loans in bankruptcy can be as small as whether you received the check. That’s what Tarra Christoff found when she filed for bankruptcy in Northern California.
In 2002, Tarra Christoff applied to Center for Transformative Learning at Meridian University, a private university in California, with the goal of becoming a psychologist. As part of her financial aid package, the school offered Christoff $6,000 in financial aid to pay a portion of her first year tuition. For the second year, Meridian offered her $5,000 in financial aid. For both years, she signed a promissory note agreeing to repay the funds with interest.
Christoff made a few payments after she left Meridian, then fell behind. Ultimately, the matter was submitted to arbitration and Tarra was ordered to repay the unpaid balance due plus interest.
Had this been Christoff’s only debt then there’s a good chance she would have made payment arrangements to handle the loans. Unfortunately, the debts to Meridian were a tiny portion of what ultimately came to well over $200,000 in debt. Finally, she made the decision in 2013 to file for bankruptcy.
To wipe out student loans in bankruptcy, Christoff would ordinarily have filed an adversary proceeding – a lawsuit against the student loan creditor in bankruptcy court seeking a discharge of the debt. But that didn’t happen here because her lawyer recognized one thing the university did not.
The student loan wasn’t one of the kinds that couldn’t be wiped out under the bankruptcy laws.
Meridian, seeing that there might be a problem later on, decided to look to the bankruptcy court for a determination that the loan wasn’t going to be wiped out in bankruptcy.
The judge, after looking at the loan as well as the bankruptcy law, held that the loan would be discharged once Christoff got to the end of her bankruptcy case.
Meridian appealed the decision, and the appellate court agreed with the bankruptcy judge.
Once she received her discharge in bankruptcy, the student loan would be wiped out in spite of the fact that Christoff hadn’t made any showing of undue hardship.
Why made this loan so special?
Under the bankruptcy laws, a private student loan can’t be discharged unless there’s a showing that repaying that loan would cause an undue hardship. But that provision of of the law doesn’t apply when a borrower doesn’t receive any funds, but only agrees with the school to pay the tuition at a later date.
The question isn’t one of whether a loan was made, according to the bankruptcy court. Rather, the borrower must receive actual funds.
The logic applies only for private student loans – the portion of the bankruptcy law that governs federal student loans doesn’t hinge on receipt of actual funds.
The decision seems to reflect the growing sense on the part of bankruptcy court judges to try to find ways to help student loan borrowers. The courts have become increasingly frustrated with a bankruptcy system that forces people to prove that their situation is nearly hopeless before allowing the discharge of student loan debt. To combat the unfairness of the law, some judges have started actively looking for way around the problem.
In order to allow them to keep chipping away at the rules, however, bankruptcy lawyers and student loan borrowers need to keep carefully looking at their debts. Review the paperwork, including the actual check issued by the lender, to make sure everything complies with federal and state laws.
Get a student loan lawyer involved, as Christoff did; thankfully, her attorney is a fellow graduate of The Student Loan Law Workshop and has a deeper understanding of these issues than might otherwise be the case.
If you’ve got a strong enough argument in your favor, bring it to your bankruptcy court and be prepared to fight hard for every penny of relief. You may not win the case, but at least you’ll be able to say that you tried.
And as we all know, you can’t win unless you try.
Click here for a copy of the court opinion.
The post California Woman Wipes Out School Debt in Bankruptcy appeared first on Bankruptcy and Student Loan Lawyers - 866.787.8078.
Some time ago you filed a bankruptcy and received a discharge. You owned a home at the time your bankruptcy was filed and have continued paying on the mortgage. Now you are trying to a refinance of your mortgage but are told that “because you did not reaffirm your mortgage during the bankruptcy your credit report does not show any payments”. There are two issues going on here.
First, by filing for bankruptcy your obligation to pay most debts, such as your mortgage, was discharged (meaning that the creditor cannot force you to pay the debt). Of course, if you want to keep your home you need to pay the mortgage. The mortgage lender will probably report your mortgage as “discharged in bankruptcy”. The mortgage lender may also choose not to report any payments make after your bankruptcy was filed. You ask your mortgage lender to report your post-bankruptcy payments, but they refuse because the “debt was discharged in bankruptcy”. They are correct, the debt was discharged in bankruptcy and The Fair Credit Reporting Act (FCRA) does not require creditors to report to the credit reporting agencies. Therefore, the mortgage lender is not required to report that you are still making payments.
Second, you want to refinance your mortgage. Your credit report does not reflect any payments made since the filing of the bankruptcy so your credit score is not increasing as quickly as you like. Logically you should be able to go to your current lender and refinance with them; after all they know you have been making payments. Right? Most likely they will tell you they cannot refinance because you did not sign a reaffirmation agreement during your bankruptcy. That reaffirmation agreement is a new contract and would bind you to the same terms that existed before filing your bankruptcy. The person at the mortgage company is telling you that “your attorney screwed up by not having you sign a reaffirmation agreements”. This is not accurate for many reasons – 1) the lender did not prepare a reaffirmation agreement, 2) your attorney was looking out for you because the law of the state where you live makes you personally responsibility for the reaffirmed mortgage debt, or 3) the bankruptcy judge will not sign a reaffirmation agreement on residential property.*
I am not ignoring the importance of a good credit rating, especially after bankruptcy. If you continue making payments on your home or vehicle you should get the benefit of those timely payments reflected in your credit reports. Here is where you have to do the work yourself. First, keep excellent records that prove you made all your mortgage payments on time. Have copies of the payments, along with the date that the payment was negotiated by the lender. Second, you should ask the creditor for proof of payments – pursuant to the federal Truth in Lending Act the creditor is required to provide that proof. Armed with that proof file a dispute with the credit reporting agency stating that all payments are made timely. You may be able to attach proof of those payments, but need to check with each credit reporting agency to find out the process. Look at the web site for the Federal Trade Commission for additional information.
Lastly, you can go to another lender to refinance your home. Just plan ahead and have the prior proof of payments ready for a potential new lender. I know this is a challenge, but remember there was a reason you filed for bankruptcy. Take solace in the relief you already received from a well-planned bankruptcy and start to plan for your future.
*I could spend an entire post just explaining each of the three reasons, but choose to focus on one topic in this post.
The post Trying to Refinance a Home Loan After Bankruptcy appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
In this excerpt from Legal Action, Attorney David M. Siegel talks about the creation of the automatic stay in bankruptcy. Some debts are eliminated whereas others are not. It all depends upon the type of debt and the type of bankruptcy. Interviewer: What happens if I’ve got a garnishment or a threat of garnishment or+ Read More
The post Bankruptcy & The Automatic Stay appeared first on David M. Siegel.
It seems like a lot of people are shocked to learn that they have been sued or that judgments have been registered against them. I remember speaking to a new client recently and it was unclear how much she owed and from what she was saying her total debts were less than $5,000, an amount clearly not worth filing bankruptcy over. While we were talking I checked the Nebraska court’s online records to see if any judgments were filed against her, and to her great surprise a $30,000 judgment lien had been filed against her residence! Needless to say, she and her hubby had a fun chat that evening.
When debt problems get bad, sometimes we stop opening the mail. People move from town to town seeking better jobs, housing or schools, and it is common for creditors to serve notice of lawsuits on former addresses. One client was shocked when I informed her a judgment had been issued against her after the Sheriff served notice on her 10-year old daughter who forgot to give her mother the paperwork when she arrived home for work. Clients commonly have no clue who they owe or if they have been sued, but they have a nagging sense they owe a lot and they need help. Figuring out who you owe and how much you owe is the first step in crafting a plan to get out of debt.
A new system developed by the Nebraska Court Administrators office allows anyone to search for lawsuits and judgments online for a small fee (currently set at $15). Here is the link to the Nebraska Justice Search system. This same information is generally available at the local county courthouse for free.
How do I pay a judgment I find online?
If you discover that you owe a judgment, there are several ways to pay it.
- Pay Online: Another new service offered by the courts is to pay the judgment or fine online by going to this link. Payment can be made by credit cards, debit cards or with e-checks.
- Pay the Clerk of the Court: Don’t like sending money over the internet? No problem, just send a check or money order to the Clerk of the Court. Many courts also accept cash payments made in person. To find out how much you owe on the judgment, including interest, call the Clerk of the Court. Here is a link to each County Court Clerk in Nebraska.
- Pay the Creditor’s Attorney: Sometimes you cannot pay the full balance all at once or perhaps you want to negotiate the balance owed. The court record will have the name and phone number of the attorney who sued you. Call them and make payment arrangements if necessary. Remember that when you send payment to their attorney you are also giving them information about where you bank or work, and unless you are paying the balance in full you are giving them clues as to where to send a garnishment. Be careful in what you share with the creditor’s attorney. Email seems to be a great way to bypass the secretary to negotiate directly the attorney. Here is the link to get the email address of the creditor’s attorney. Remember that you should never send money to a creditor when negotiating a debt until they send you something in writing agreeing to the settlement.
If a judgment has been entered against you it is important to get a Satisfaction of Judgment filed in the court record after payment. Once the judgment is paid or settled, you want the public records to show the debt is satisfied so that you may update your credit report.
Image courtesy of Flickr and lemonjenny.
We have all heard, and perhaps felt, there is a foreclosure crisis. We hear the stories about banks misusing their power to misdirect homeowners into default or fail to assist them even if required by the federal government. What we don’t hear about are the abandoned pets left to fend for themselves after their owners have lost their homes. That thought makes me angry, sad and wanting to bring back corporal punishment. Alright, I realize this might be slightly over reacting, but that comes from my heart.
Of course there are other reasons why pets are abandoned, such as death of the owner. Take heart – there is a group looking out for these abandoned waifs. It is called Lost Our Home. Their vision:
Our mission is to ensure that all pets have loving homes when families face major life challenges. We provide compassionate options when Realtors and the community find an abandoned pet.
Our vision is a world in which all pets have loving homes
and are treated with dignity and respect.
Check out their web site and see how you can help.
The post Pets Abandoned When Owners Lose Their Homes – Help Available appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
As the old saying goes, if you don’t use it you lose it. The “it” in this case is the right to sue someone for an unpaid debt. Every state has a set of laws that create a deadline for creditors to sue for an unpaid debt. In Nebraska there are two key laws that govern debt collectors when it comes to suing for an unpaid debt.
- Written Agreements. An action upon a written contract can only be brought within five years. Nebraska Statute 25-205. This law covers most credit card agreements, bank loans, and other written agreements to pay money. A voluntary payment of any amount basically “resets” the statute, so we measure the five years from the date of last payment.
- Oral Agreements. An action upon a verbal contract can only be brought within four years of the date of last payment. This provision covers most medical debts. Nebraska Statute 25-206.
In recent years there has been a dramatic increase in sale of these time-barred debts to junk debt buyers who call to collect debts that are 5, 10, 15 or even 20 years old. Very often they lack any real documentation of the debt owed and they try to trick the debtor into making a voluntary payment, thus resetting the statute of limitation. I am frequently hearing clients and former clients call about abusive phone calls where the debt collector threatens to have the debtor arrested that very day if a payment is not made.
WHAT SHOULD YOU DO IF YOU ARE SUED ON AN EXPIRED DEBT?
- Answer the Lawsuit. If you are sued on an expired debt is it important to (1) file a written answer to the lawsuit with the Clerk of the Court and (2) specifically state in the written answer that the statute of limitations has expired. The statute of limitations is an Affirmative Defense. What that means is that you must affirmatively claim the defense in your written answer.
- Demand an Account History. If you believe no payment has been made a debt in more than 4 to 5 years, demand that the debt collection attorney provide you with a copy of the account history showing all payments and charges to the account. In legal terms, we call these demands Interrogatories and Motions to Produce Documents. In simpler terms, this is basically a letter written to the debt collector’s attorney demanding that they answer basic questions and that they supply you with requested documents. If the debt collector cannot supply you with information as the date of the last payment, the amount of the last payment, whether the payment was made with a bank check, credit card or cash, that is fairly persuasive evidence that the debt may have expired.
- Counter-sue for FDCPA violaiton. It is illegal for a debt collector to file a collection lawsuit on an expired debt. Such lawsuits violate the Fair Debt Collection Practices Act (FDCPA). Under the FDCPA you may be entitled to $1,000 of punitive damages plus they must pay for your attorney fees if you prevail. If you are sure the debt has expired, consult with a FDCPA attorney in your area.
IS THE STATUTE OF LIMITATIONS TOLLED DURING A BANKRUPTCY CASE?
This is a very important topic for attorneys practicing in consumer bankruptcy cases who represent debtors owing Private Student Loans. Bankruptcy Code Section 108(c) provides that if a statute of limitation would normally expire during the administration of a bankruptcy case, the statute is tolled for an additional 30 days after notice of the end of the bankruptcy case. The big question is whether the Nebraska statute of limitations is tolled during the administration of the bankruptcy case. The answer to that question was provided by the Nebraska Supreme Court in the National Bank of Commerce Trust & Savings Ass’n v. Ham decision. In short, the court ruled that the Nebraska statute of limitation is not tolled during a bankruptcy case except for the additional 30 days provided under Section 108(c) of the Bankruptcy Code. This is a very key ruling for debtors owing substantial private student loan debts who may benefit by filing a Chapter 13 bankruptcy case to seek protection while the statute of limitation runs out on their private student loans. More on this topic later.
Image courtesy of Flickr and Patrick Marlone.
Do you have an order of discharge following the completion of your Chapter 7 or Chapter 13 case? If not, you may want to fix this problem now before it bites you later.Every Chapter 7 or Chapter 13 debtor must attend two credit counseling classes. The first, called the pre-bankruptcy credit counseling course, is required before you can file. Your certificate of completion is your ticket in to the bankruptcy process.Once you have an active case, however, you must attend a second course called a financial management course, obtain a certificate of completion and have your lawyer file that certificate with the clerk of bankruptcy court.This financial management course offers tips about how to set up a household budget and how to avoid financial mistakes that resulted in your need to file for bankruptcy in the first place.If your lawyer does not file this financial management course certificate of completion you will not be eligible for a bankruptcy discharge. Instead, your case will be closed without discharge.Why is a discharge order so important? It represents a formal order from the bankruptcy judge that all debts which can be eliminated or adjusted have been so modified. This order is binding on all state and federal courts and if a creditor attempts to collect on a discharged debt, you can sue that creditor for damages in a contempt proceeding.Equally important, the discharge order serves as a formal notice to the world that your bankruptcy case is officially over and that a future creditor will not be surprised by a reopening of your bankruptcy file.Mortgage lenders, in particular, do not count a “case closed without discharge” as the end of your bankruptcy case. As far as most mortgage lenders are concerned, a non-discharged bankruptcy case is still an open bankruptcy case.Last week, I spoke to a gentleman who is dealing with this very problem.This gentleman had filed a Chapter 7 back in 2010 with another lawyer. As instructed he attended a financial management course and obtained a certificate of completion which he forward to his lawyer.Unfortunately his lawyer was in the midst of some major business problems. This particular lawyer had borrowed money to grow his practice but overextended himself and had to lay off most of his staff. The lawyer ended up filing his own bankruptcy and has since moved out of town.The lawyer received but never filed his client’s financial management certificate. The case was closed without discharge.Fast forward five years and the gentlemen has rebuilt his credit to the point where he is able to purchase a house. But there is a problem – no conventional mortgage lender will underwrite the loan until two years has passed since the issuance of the bankruptcy discharge (note that there are other mortgage problems that did not apply here which have a 1 year post-discharge requirement).The gentleman hired me to reopen his case, file the certificate and get a discharge issued, which I did. The problem remains, however that the date on the discharge order is 2015. In this case, my new client is going to have to wait until 2017 before he qualifies for mortgage underwriting.Needless to say, my client is not very happy with his prior lawyer but there is nothing he can do but wait.The takeaway from all this is clear: if you file bankruptcy, do not wait to find and complete a financial management course, and ask your lawyer for confirmation in the form of a filing receipt that the course certificate was filed.Note as well that there may be other pre-discharge filings you have to make – for example in Chapter 13 case you will need to file a certificate that all child support payments which have come due in your Chapter 13 case were made.Within two to three weeks after your case closes, you should receive an discharge order from the judge. You should keep this discharge order as part of your permanent files because you may need to show it to creditors or other agencies in the future. If you misplace your order your lawyer can download and reprint a copy from the online PACER system.The post Case Closed without Discharge Creates Big Problem for Chapter 7 Debtor appeared first on theBKBlog.
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