Expert: Mark J. Markus- California Bankruptcy Attorney - 5/23/2007

Question
Hi

We filed Chapter 7 last month and attended the 341 meeting last week. At the 341, the trustee asked a few questions then sent us on our way.
I understand now we must get another counseling session. I have been told that there is another form -- ''Official Form 23 (10/06)'' that must be used. I have the form and it states: Do NOT use this form to file the certificate given to you by your prepetition credit counseling provider and do NOT include with the petition when filing your case.
Does this mean (looks like it...I'm just double checking...) we send in or hand them the papers separately?
Doesn't make sense to keep these papers apart.
And why did we have to find this additional requirement on the net, not from the LA court itself? The form also states we have 45 days from the 341 to comply. We will certainly try to fulfill this 'hoop' but it seems to me the court or the trustee should inform us of this requirement.

Thank you for your time.

Bob White  

Answer
No, you file the Form 23 with the post petition financial management certificate attached.  This form is completely different and has nothing to do with the prepetition credit counseling requirement.

As to being informed, the neither the court or the Trustee has any duty to inform you of bankruptcy requirements or rules.  If you represent yourself (without an attorney), you are responsible for knowing what the law is as well as all rules of procedure.