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08/30/2006
NOTICE TO ATTORNEY'S REGARDING TRUSTEE'S MOTION TO
DISMISS
If the Trustee files a motion to dismiss based on not receiving payment
from the debtor(s), debtor(s) counsel has the duty to confre with their client.
In response to the Trustee's motion to dismiss, the debtor(s) counsel
has three choices:
- Fax the Chapter 13 office a short letter stating that
there is no oppostion to the motion to dismiss. The letter must be faxed to the
Trustee by no later than noon on the Tuesday prior to the Thursday court docket.
The Chapter 13 office fax is (330)762-7072
- Debtor(s) counsel may also file a notice with the court of no opposition to the
Trustee's motion to dismiss. If the debtor(s) counsel fails to fax a letter to the
Trustee's office by noon on Tuesday, then a response or similar pleading must be
filed with the court.
- If debtor(s) counsel does not file a notice, or contact the Chapter 13 office,
then an appearance at the motion to dismiss hearing is MANDATORY.
07/30/2006
Attention All Chapter 13 Individuals
The following are requirements of the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005
1. In order to file a Chapter 13 Bankruptcy,
you were required to take a credit counseling course.
2. In order
to earn a discharge, you must take a financial management course (this is in addition
to the credit counseling). You should plan on taking the course within a year of the
Court approving your plan. Even if you make all payments under the plan, you will
not earn a discharge until the completion of a financial management course. Without
a discharge your creditors could pursue you for additional money after the conclusion
of your Chapter 13 plan. A discharge prohibits your creditors from pursuing additional
money if the debt has been scheduled and paid through the Chapter 13 Plan.
Approved Debtor Education Places
To locate an approved financial management course please take the following steps:
1. Log on to the Trustee's webpage www.chapter13info.com.
2. Click on the "Links" tab.
3. You will see a link to the United States
Trustee Program webpage. Click on this link and it takes you to the United States Trustee
Program webpage.
4. Under the "Bankruptcy Reform" section, click on the
"Credit Counseling and Debtor Education" link.
5. In the box titled
"Personal Financial Management Instructional Courses for Debtors (Debtor Education)"
link.
6. Choose State of Ohio
7. After this you will see the name of the business
and contact information.
** Only courses approved by the United States Trustee will allow you to earn a discharge in your case **
NOTICE
Organizations providing credit counseling and financial management courses
are not part of the Chapter 13 Trustee's Office. The Chapter 13 Trustee is not
responsible for the actions of these organizations.
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