Discharge – Form 23 (miss at your own risk)

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To receive a discharge in chapter 7 consumer debtors must complete both prepetition debt counseling and post-filing debtor education. In addition, debtor’s counsel must file Official Form 23 Certification of Completion of Instructional Course Concerning Personal Financial Management within 45 days of the meeting of creditors. BR. 1007(c). The certificate number from the debtor education course must be placed on Form 23, or the certificate itself must be attached. Each debtor in a joint petition must complete and file a separate certification. Certificates from debtor education services that are filed without Form 23 will be rejected and Attorneys will be required to refile. If the form is still not filed the case will be closed without discharge and the Attorney will have to file a Motion to Reopen and pay a $260 fee to secure a discharge.

 

Note: do not use Official Form 23 to file the certificate given by the prepetition credit counseling provider and do not include it with the petition when filing a case.

 

Questions? Call ECF Help Desk at 312-408-7765.

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Tags: bankruptcy, filing, form, court, northern district, illinois

 

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5 responses to “Discharge – Form 23 (miss at your own risk)

  1. Hi all. I wish to throw in a UK perspective to the whole mortgage mis selling debate. Recently it was announced that the Financial Services Authority had set aside a compensation pot which will compensate victims of mortgage mis selling.

    Two points to raise here are as follows:

    1) Why should the Government bail these people out when, like you say, “they have learnt the hard way.”

    2) Forgive my ignorance but how closely does this match what is currently happening in the US?

  2. We are the people our parents warned us against.–Nicholas von Hoffman, U.S. columnist

    • We are indeed the people our parents warned us about but this time there is an easier way to change the habits of a lifetime. We all need to be more educated on manging our finances better from an early age.

      • Raising a child to age 18 can cost more than a quarter of a million dollars, according to government estimates. It’s important to manage your finances. As a parent, we try to become an expert in explaining!

  3. Some people can stay longer in an hour than others can in a week–William Dean Howells (1837-1920), U.S. author, editor, and critic