Trustee Blog

Form B23: Debtor Education

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Chapter 7 Riverside Trustee John Pringle

Debtor Education Certificate Form B23

Each morning Riverside Bankruptcy Trustee John Pringle makes an announcement that is similar to other Chapter 7 Trustees by advising the debtors to “do their second class of counseling”. This class is known as the Debtor Education or the Personal Financial Management Course that is taken after the case is filed with the Court. This is a different course than the one called “Credit Counseling” which is taken BEFORE the case is filed.

The Chapter 7 Trustees take pains to remind the debtors to take this class. As you may know, if the client does not take the second class and file the form B23 with the Court, the Court Clerk will not issue a discharge in the case. If the form B23 is not filed with the court, then the Court Clerk “Closes the Case without a Discharge”. Yes, the case is closed without a discharge. When the creditors receive such a notice, it tell them that there is no discharge and then the creditors go back to the status they were before the case was filed!

The Form B23 is called Debtor’s Certification of Completion of Postpetition Instructional Course Concerning Personal Financial Management (B23)

 

The form B23 can be found on the Court”s Website.

Practice Pointer:

It is crucial that your client complete his Personal Financial Management course as the first step to concluding his case. Equally important is the filing of Form B23 to signal to the Court Clerk that the course has been completed.

Practice Pointer #2:

I advise my clients to complete the second class of counseling BEFORE the meeting of creditors. This way I know that the requirement has been completed. I then file the B23 before the hearing and know that all that the debtors needed to do has been completed. This way,we only wait for the case to discharge.

 

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