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What if I cannot appear at my 341 Meeting of Creditors? What if I cannot complete my Credit Counseling Course? What if I cannot complete my Financial Management Course?

 

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What if I cannot appear at my 341 Meeting of Creditors? What if I cannot complete my Credit Counseling Course? What if I cannot complete my Financial Management Course?

What if I cannot appear at my 341 Meeting of Creditors?

The simple answer is it depends. Why are you unable to appear? Many debtors have to request off of work or change plans to be able to attend the meeting. This type of inconvenience is expected and is a small price to pay for discharging your debt. However, if the meeting falls on a date where you absolutely cannot attend you can typically get one continuance. If appearance is not made at the continued hearing the trustee will request dismissal of your bankruptcy case. If however there is another reason you are unable to appear your attorney may be able to obtain a waiver of your appearance and the 341 meeting or meeting of creditors. Some examples of reasons that you are unable to appear that may get you a waiver include disability such that transportation and traveling is difficult, medical condition, hospitalization, etc. Waivers are sent to and ultimately approved by the United States Trustee. Each waiver is handled on a case by case basis therefore the above listed reasons for waiver are by no means conclusive but on the flip side these above listed reasons are not a guarantee depending on the specific situation.

What if I cannot complete my Credit Counseling Course? What if I cannot complete my Financial Management Course?

Completing the credit counseling course is a requirement to be completed prior to filing. The certificate must be filed with the court showing a completion date and time prior to the time the case was filed. This credit counseling course is intended to help Debtors to determine how they ended up in the situation they are in to help ensure it does not happen again. If a debtor is unable to complete the credit counseling due to incapacity, incarceration, etc. a waiver can be obtained waiving the requirement to complete the course.

Completing the financial management course is also a requirement. This course must be completed prior to a debtor receiving their discharge. This course is intended to help Debtors to manage their budget in a way that they are not living beyond their means. If a debtor is unable to complete the financial management course due to incapacity, incarceration, etc. a waiver can be obtained waiving the requirement to complete the course.

 

 


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