Legal Question in Bankruptcy in California

Trouble with my pre-filing Counseling Certificate

I completed my pre-filing counseling course online on 8/4. I filed my petition for bankruptcy with the courts on 8/5. I checked the box on exhibit D that said I had complete counseling but did not yet have my certificate. A few day later I received my certificate, but it states that I completed the course on 8/9. After much debate with the counseling agency, they asserted that it is their practice to date the certificates with the date that the counselor reviews and and confirms the course rather than the date that I actually finished the course. The wording on the certificate calls for the the date that the briefing took place, which is indisputably 8/4. I have a printout from their website saying that the course was completed on 8/4 and all of the reps I spoke wth over the phone confirm that their computers say that I finished on 8/4. They will not change it and told me if there is a problem the judge or the trustee can subpeona their internal records to see when I actually finished the course.

I am very nervous that my case is going to be dismissed now even though I DID complete my part of the course before filing. Is this a common problem? Does anyone know which way a judge or trustee would probably lean on this? Thanks!


Asked on 8/12/09, 10:35 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Here's a thought -- get a declaration signed under penalty of perjury from an official at the credit counseling agency stating what they did. Have them authenticate and attach the records that show you completed the course on August 4. You might also report this to the U.S. Trustee for your district, as it seems to be a violation of the trust that permits them to offer a course and be truthful in their certificates. File the declaration with the court, and serve a copy on the Chapter 7 and U.S. Trustees.

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Answered on 8/12/09, 11:12 pm
Shalem Shem-Tov

I had the exact same problem with a client of mine about a year ago. She did the counseling online, and was later interviewed by the counseling rep the same day. However, it was Friday afternoon and the certificate was not issued until Monday -- with Monday's date on it! Meanwhile, we already filed the petition the previous Sunday. Anyway, same story -- the counseling service admitted everything occured on Friday, but refused to change the certificate. We fought to keep the case going, but the trustee didn't care what the counseling service said (they refused to sign any affidavits, etc. so all we had is our hearsay assertions) and the trustee just went by the date on the certificate. Long story short, the case was dismissed.

In the greater scheme of things it's not the end of the world. We just re-filed a few days later.

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Answered on 8/13/09, 1:34 pm


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