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The Quickest, Easiest Way to Lose a Discharge in a Bankruptcy Case in Arizona!

By Joseph McDaniel, Esq.

The 2005 Amendments to the Bankruptcy Code were a pain in the tuckus. And everyplace else, by the way.

Today's bankruptcy topic is very, very simple: what's the easiest way to go through all the pain of assembling information, filing a bankruptcy case, attending the first meeting of creditors, and then NOT getting a discharge?

Well, that would be failing to take your mandatory second waste-of-time consumer education class.
The statute that makes it mandatory shows up as an amendment to 11 USC 727, and says in relevant part that the Court shall grant you a discharge unless:

(11) after filing the petition, the debtor failed to complete an instructional course concerning personal financial management described in section 111, except that this paragraph shall not apply with respect to a debtor who is a person described in section 109 (h)(4) or who resides in a district for which the United States trustee (or the bankruptcy administrator, if any) determines that the approved instructional courses are not adequate to service the additional individuals who would otherwise be required to complete such instructional courses under this section (The United States trustee (or the bankruptcy administrator, if any) who makes a determination described in this paragraph shall review such determination not later than 1 year after the date of such determination, and not less frequently than annually thereafter.);

Full post as published by Arizona Bankruptcy Attorney Blog on March 25, 2011 (boomark / email).