Expert: Mark J. Markus- California Bankruptcy Attorney - 6/16/2010

Question
Dear Mr. Mark Marcus:
Q1.
I just took a counseling session required for chapter 7 filing. Is there any time limit to file chapter 7, after I took the counseling, or after the certificate is issued?
If the time limit exists, is it from the date I finished the course, or the date on which a certificate is issued? and if the time limit expires, what happens? Do we have to take another counseling again? I am in California.

Q2.
My wife has cancer and incurring medical bills. We are sure we will be receiving bills even after we file bankruptcy chapter 7. Then we cannot expect those later bills discharged? If, so we should better delaying filing chapter 7? Are there any special provisions in the law that allows us to discharge all medical bills in this kind of special circumstances, even after filling chapter 7?
Thank you in advance for your help.

Answer
The credit counseling certificate is valid for 6 months from the date the credit counseling is taken.  You must have a valid certificate in order to file for bankruptcy so, yes, if it has expired prior to you filing your bankruptcy case, you have to take the course again.

Chapter 7 (or any bankruptcy) only discharges debts that are incurred and exist prior to filing the case.  When you receive the bills is irrelevant.

http://www.bklaw.com/