One of the basic procedural requirements that the debtors have to satisfy before receiving their discharge in Chapter 7 Bankruptcy and Chapter 13 Bankruptcy is completing the personal financial management course.
Starting on December 1, 2010, the new rules went into effect giving the debtors in Chapter 7 Bankruptcy 60 days to file a statement of completion of a course in personal financial management. The statement of completion is also known as Official Form 23.
After December 1, 2010, debtors must complete the course within 60 days from the first date set for the meeting of creditors, also known as 341 Hearing. This is an increase of 15 days, up from the prior 45-day time limit.
If debtors fail to satisfy this requirement, they are denied a discharge of their debts. If debtors do not receive their discharge, their bankruptcy was not successful in discharging their debts, and they will not be able to file for bankruptcy again for a long time.
The rules for individuals in Chapter 13 cases were not changed, and still, provide that the personal financial management course has to be completed no later than the date when the last payment was made by the debtor as required by the plan or the filing of a motion for discharge.
If you are contemplating filing Chapter 7 Bankruptcy or Chapter 13 Bankruptcy, or are dealing with debt problems in Western New York, including Rochester, New York, Canandaigua, Brighton, Pittsford, Penfield, Perinton, Fairport, Webster, Victor, Farmington, Greece, Gates, Hilton, Parma, Brockport, Spencerport, LeRoy, Chili, Churchville, Monroe County, Ontario County, Wayne County, Orleans County, Livingston County, and being harassed by bill collectors, and would like to know more about how bankruptcy may be able to help you, contact me today by phone or email to schedule a FREE initial consultation with a Rochester, NY, bankruptcy lawyer.