Q: I recently filed to reopen my Ch 7 Bankruptcy after I failed to take the 2nd Financial Management Course.
I completed class and my case has been reopened. What is next step? Do I need to file a motion to have case discharged? To my knowledge this is the only reason my case was not discharged.
Also, what is the process for reaffirming exempt debts such as an auto loan? I filed pro se. Thank You.
A: File a motion to enter discharge. Contact the creditor and ask them to send you reaffirmation papers while the case is reopened now or you will have to reopen again to reaffirm the debt.
1 user found this answer helpful
A:
After completing the second Financial Management Course and reopening your Chapter 7 Bankruptcy case, the next step usually involves notifying the court that you have fulfilled this requirement. This is typically done by filing the certificate of completion for the course with the court.
Check your bankruptcy court's specific procedures, as they can vary. In some cases, you might need to file a motion to obtain a discharge if your case was closed without a discharge solely due to the missing course.
Regarding the reaffirmation of exempt debts like an auto loan, this process generally involves agreeing with the lender to continue paying the debt despite the bankruptcy. You would need to file a Reaffirmation Agreement with the court. This agreement must be filed before your discharge is entered. It's important to carefully consider the implications of reaffirming any debt, as it will not be wiped out in the bankruptcy.
Since you filed pro se, you might find it beneficial to consult with a bankruptcy attorney for specific guidance, especially given the complexities of filing motions and reaffirmation agreements. They can provide detailed advice tailored to your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
