by Adam Mack, J.D.
On December 1, 2013 Amended Bankruptcy Rule 1007 went into effect that allows the companies providing the debtor education courses to file the personal financial management certificates with the court. The financial management certificate is the what you file with the court to prove that you have complied with the bankruptcy law that requires the statute and is a requirement for getting a discharge at the end of your case.
So, is this good news? Well, maybe. It really depends on your situation. On one hand, it takes one less thing to do in a bankruptcy off of the plate of the debtor or his/her attorney. However, there are times that you may intentionally not take the class to delay or prevent a discharge. The obvious question is “Why on earth would you go through a bankruptcy and NOT get a discharge?”
There is actually a very practical reason. There may be times a debtor may want the protection of an automatic stay without actually getting a discharge. This is because a discharge at any point in time will effect a person’s ability to get a future discharge for a number of years, depending on what bankruptcy chapter was filed and which one is needed in the future. There is a tremendous amount of planning and strategy that is involved in a well executed bankruptcy. Before filing your case, speak with a qualified Kansas bankruptcy lawyer to make sure you are properly protecting yourself.
These articles are for general informational use and do not constitute legal advice. Since laws change over time, it’s possible some articles are out of date and for that reason, we make no representation that the articles are fully accurate. For actual, up-to-date legal advice (including a free consultation), please contact us!