Riverside Bankruptcy Trustee Todd Frealy reminds each of his Debtors that he examines to take the financial management courses necessary to complete the bankruptcy case and to file the Form B23 with the Court. If the Form B23 is not filed with the Court within 45 days of the 341 meeting of creditors, the case can be closed WITHOUT a discharged.
Riverside Trustee Frealy along with the other Chapter 7 Trustees in Riverside have a special “blue sheet” they hand out at the hearings to remind the debtors to complete there final course. The “blue sheet” reads:
It is Your Responsibility to file a Statement of Completion of Course in Personal Financial Management (Official Form 23- Available at the Court–There is a new one as of December 2013).
This is not the same form as the Certificate of Credit Counseling filed at the beginning of your case.
Do not give it to the Trustee to file.
Remember, You must file it with the Court. You will not receive a discharge unless you file the required Personal Financial Management Course and file the Form 23 Certificate with the Court.”
The Form B23 is mailed to each debtor as an attachment to the Notice of Commencement they receive with the beginning of their case. Each debt must file his or her own Form B23 within 45 days of the meeting of creditors.
Have your client do their Financial management class BEFORE the meeting of creditors and file the Form B23 BEFORE the meeting of creditors. This way if will be done and then you will not have to chase down your client for compliance.
Practice Pointer Number 2:
As of December 2013, there is a new Form B23, so be sure to have your clients use the new Form B23 to avoid the Clerk’s office rejecting the form at the end of the case.