If you are considering filing a personal bankruptcy case, you should be aware that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) requires you to attend and complete credit counseling courses. This is true whether you are filing a Chapter 7, Chapter 13 or an individual Chapter 11.
You must attend, either in person or online, a credit counseling course before you file your bankruptcy petition and another course prior to your discharge order being entered by the court.
The initial credit counseling course must be one that is approved by the bankruptcy court. This class must be completed within 180 days prior to your bankruptcy case being filed. This class generally includes a review of your overall financial situation and a discussion regarding available debt relief options other than filing a Chapter 7 or Chapter 13. You may even receive assistance in creating a budget. When this course has been completed, you will be given a certificate of completion that you must file with the bankruptcy court. This is usually done at the same time you file your bankruptcy petition.
A debtor must also attend and complete a credit counseling course before he or she can obtain their discharge order. This post-filing course discusses how to manage your debt and provides you with tips on how to budget your money. This class is important because it helps you with your fresh financial start obtained by getting your discharge of debt. Also, the court will not grant your discharge order until you file the certificate of completion from this course. If a debtor fails to complete this post-filing course within the allotted time by the court, his or her case can be dismissed.
If you have questions regarding what credit counseling course you should attend or what other requirements must be met in order to file a personal bankruptcy case, we are here to help. We can review your individual finances and create a debt relief strategy that will be most beneficial for you. We will walk you through the process every step of the way and help ensure you obtain the fresh financial start you need.
If you are considering filing a bankruptcy and you need help determining which type of filing would be best for you, contact Fitzgerald & Campbell to schedule an appointment. We do not offer just one debt relief option, we don’t push you in one direction. If bankruptcy right for you, we will tell you. If it’s not, we will tell you that. If bankruptcy is your get out of debt plan, it needs to be done right. It needs to be in the hands of experienced lawyers who have been there before. Contact us today!