What if I incur new debt during my bankruptcy?

Someone we know recently called to ask for help. She had filed bankruptcy with a big local firm, and about a month and a half after filing her case, her son had a medical emergency and they needed to call an ambulance. The bill was going to be high. But since the debt was incurred after she filed her case, the debt wouldn’t be discharged in bankruptcy.

We told her that she may be able to dismiss her bankruptcy case and then file a new case. But her bankruptcy attorney had made a mistake. When she completed her second credit counseling course, the attorney filed it with the court right away, even though it didn’t need to be filed for more than a month. Once the credit counseling certificate was filed, the case was put on track for a discharge, making it much more difficult to dismiss the case.

We’re always looking out for our clients, and we want to make sure we can take care of it when there’s an unexpected emergency. We almost always wait until the last possible day to file the credit counseling certificate, just in case something bad happens to the debtor and they need to dismiss their case. If they need to dismiss, we just let the deadline pass without filing credit counseling, which automatically dismisses the case.

Every once in a while, a little procrastination can pay off.

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