Post-Filing Debtor Education

The new bankruptcy law has two separate debtor education requirements. Bankruptcy debtors must complete a financial education class prior to filing bankruptcy, and after filing they must complete a financial management class in order to get their bankruptcy discharge. One of my clients had their case closed without their discharge because they did not file a certificate of completing the second class, the financial management course.

Actually, the client did complete the class.. He just never sent us his certificate of completion and did not call to state that he completed the class so we could instruct him to mail it in. Before filing bankruptcy he mailed to our office his education completion certificate so we could file his bankruptcy. Our office assumes that when our clients mail in the first certificate in order to file they understand that they also must mail in the post-filing certificate. This client apparently assumed that the act of education itself, without notifying anyone, complies with the law. It doesn’t. We have since clarified the papers we provide our clients about bankruptcy education requirements. If you do something to comply with court rules or the trustee’s requirements please let your attorney, the court, or the trustee know about it.

posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Florida