Exam 9: The Bankruptcy Petition

When is the credit counseling certificate required to be filed?

There are multiple exceptions to initially filing the credit counseling class.

Because of where the debtor resides, the debtor was not able to take the credit counseling class within the last 7 days, so the debtor is unable to proceed with filing for bankruptcy.

Which of the following are exceptions to the initial filing of the credit counseling class?

If the debtor's name on the driver's license is slightly different from the one on the client's tax returns, which name is listed in the petition?

Exigent circumstances automatically waive the credit counseling requirement.

Which official form is used if the debtor is in eviction proceedings?

What is Official Form 101A used for?

BAPCPA's new serial filer provision applies only to homeowners taking advantage of the automatic stay by stalling a foreclosure.

What are the options for paying the filing fees in a bankruptcy case?

If Chapter 7 was filed with a pending eviction, the debtor is not obligated to pay the rent until the discharge is received.

Per federal law, the filing fee must be paid in full at the time of filing the petition.

What is a serial filer?

The debtor is in his third month of a Chapter 13 bankruptcy and has paid each month, preventing the foreclosure from proceeding as he catches up on the arrears. However, on the fourth month, the case got dismissed for lack of payment. If the debtor files a motion to set aside the dismissal, is the debtor a serial filer under BAPCPA?

Once the clerk of court determines that exigent circumstances exist, the debtor has the credit counseling requirement waived automatically?

If the debtor has filed a prior bankruptcy, some districts provide that information even if the bankruptcy was in another district.

A serial filer has filed bankruptcy more than once in the last three months.

Because the debtor is disabled, the credit counseling class is not required.