Legal Question in Bankruptcy in Michigan

Re: filing a motion to re-open chapter 7

You can't afford NOT to hire an attorney.

Re: filing a motion to re-open chapter 7

If your attorney did not tell you about the pre-filing class, then it is his/her responsibility to see that the case is re-filed or the motion is filed to re-open the case at their cost. In fact, your attorney is required to file the certificate from that class with the court when you filed or shortly thereafter. The problem you have is that it is an absolute requirement for you to have taken a pre-filing budgeting class BEFORE your case was filed. The only exception is that if there is an emergency filing, your attorney could have filed a motion to waive the pre-filing class requirement at the time your case was filed. You should take the pre-filing class right away and obtain the certificate. It is likely tat the Trustee will object to your motion to reopen the case with a certificate that shows you took the pre-filing class AFTER you filed. In that event, you would have to re-file a new bankruptcy action. Keep in mind you also have to take a post-filing personal finance management course after your case is filed before you can obtain a discharge.

These classes are part of the new bankruptcy laws that favor creditors and work to limit the number of bankruptcies filed. Because of the pitfalls of the new laws, many attorneys got out of the bankruptcy practice and many consumers are fearful of filing. Please do not hesitate to call me if you need further assistance.