Dear Attorney,

What happens if you don’t do the debtor education class that is required after your bankruptcy is filed?

I never did the class and I got a notice from the court saying my case had closed without discharge.

Joan, Murrieta

Dear Joan,

You have to take two classes now.

One is taken prior to filing and the other – the one you’re talking about – is an education course for which you must file a certificate of completion with the court within 45 days of the date the first meeting of creditors was scheduled.

If the certificate has not been filed with the court by the time your case is due to discharge, your case is closed without discharge.

When that happens, it’s just as though you never filed. Your creditors can and will resume collection activity.

You can file a motion to reopen the bankruptcy estate. You will have to pay the $299 court filing fee all over again, plus whatever fees your attorney charges for the motion.

When the estate is reopened, you can file your certificate. After that, your case will discharge.

Dear Attorney,

Several months ago Advertisement

Hidden Market Realty I reached an agreement with my credit card company to pay off my account at an amount we both agreed upon.

I paid them a lump sum equal to 65 cents on the dollar using their pay by phone service.

I just received a letter from them demanding that I pay the balance in full or they will sue me. They say they have no records of any agreement between us.

I never would have paid them that amount of money if I didn’t think it was a full settlement.

Can they sue me now?

Fred, Temecula

Dear Fred,

Unless you got them to sign something saying the payment you made was in full accord and satisfaction of the debt, you have a problem.

There is apparently nothing in the record to indicate a deal had been reached and they do not appear to be honoring what you understood to be a settlement.

They can sue you now. And unless you can convince a judge that a settlement occurred, they’re going to win.

Always put agreements like this in writing to prevent this kind of thing from happening.