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Debts not discharged?

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shiba1217

Junior Member
Failed to file debtors instruction certificates, now what?

What is the name of your state? Indiana We filed bankruptcy back in March and did all the paperwork ourselves, made all the installment payments and went to the debtors instruction course.I called the trustee today and she told me the debts weren't discharged because i failed to file the certificate of debtors instruction. Do I have to start allover or can i just go to the court and file the copies of my certificate? Can I appeal the courts decision so that I can include the certificates? The lady that gave the course told us to give copies to the trustee which we did but we were unaware that we had to file it with the clerks office. What do I have to do to get this remedied? Any help would be greatly appreciated we can't afford to do this all over again.:mad:
 
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Ladynred

Senior Member
Ok, this is what the new law says regarding this 'debtor education' thing:
Section 727(a)(11) requires a course be completed before discharge. Rule 1007 requires certification that the course was completed no later than 45 days after the first meeting of creditors. If not obtained, case will be closed without the discharge. Case can be reopened upon request, but reopening fee must be paid. In re M a r t i n ez, 2006 WL 681068 (Bankr. N.D. Iowa 2006) (Kilburg, J.).

4. Chapter 7 debtors who fail to submit statement of completion of financial management court not entitled to discharge. Cases are to be closed without discharge and should they later complete course, they may seek to reopen case to enter discharge. In re Smiley (Bankr. E.D. Mich. 2006) (Shefferly, J.)
So, there are 2 cases that support re-opening your case to submit and properly file your papers with the court and get your discharge.

From the Smiley Case:
If the Debtor wishes to obtain a discharge, it will be necessary for the Debtor to file a motion to reopen this bankruptcy case
in accordance with Guideline 3, accompanied by the statement required by § 727(a)(11) of the Bankruptcy Code, and Bankruptcy Rule 1007(b)(7) and (c), evidencing the Debtor_s completion of a course in personal financial management pursuant to § 111 of the Bankruptcy Code. There is an official form prescribed for that purpose. It is Official Form 23. It was the failure to file Official Form 23 that was identified in the notice of Chapter 7 case closing that was issued
Now you know what you have to do to get your discharge.
 
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