credit course for filing bankruptcy how ling us it

by Durward Legros 8 min read

You have 6 months to take the pre-filing course. Once your forms are filed with the bankruptcy court, you'll want to get the second course done within 60 days of your meeting of creditors (or before the meeting, if you want).Jan 5, 2021

Full Answer

How many credit counseling classes required for bankruptcy?

You’ll also need to take two educational courses. One before and one after filing bankruptcy. This is required by the Bankruptcy Code . There is usually a small cost for this counseling service, but bankruptcy law requires that anyone who can't afford to pay the cost can apply for a fee waiver.

How do I build my credit after a bankruptcy?

Here's how to start rebuilding your credit after bankruptcy:

  1. Check your credit reports Until April 2021, you can check your reports weekly for free on AnnualCreditReport.com. ...
  2. Check your credit score It’s smart to track your credit score month to month, and it’s crucial to look at the same score each time — otherwise, you’ll get ...
  3. Seek a credit product for your situation

How to rebuild your finances and credit after bankruptcy?

  • Make a hefty down payment. Doing so lowers the loan amount so you can borrow less, which poses a lower risk to the lender.
  • Establish positive payment history before applying. ...
  • Get a co-signer. ...
  • Consider loan options from local financial institutions. ...

Can I get credit if I file for bankruptcy?

While going through the process of bankruptcy, you can still apply for credit, but getting approved will be extremely difficult. "Creditors tend to be more skeptical while a bankruptcy is going on," says Ashley F. Morgan, a bankruptcy attorney based in Virginia.

Why do you think the law requires a debtor to receive credit counseling prior to being allowed to file for bankruptcy?

The bankruptcy counseling and debtor education requirements were enacted to ensure that consumers have exhausted all other options and reduce the likelihood of a second visit to the bankruptcy court. The U.S. government must approve counseling organizations to qualify.

What is pre discharge debtor education?

About Pre-Discharge Education It prevents creditors or collection agencies from collecting debts through legal action or communication, such as phone calls, letters or personal contact.

Can you add debt to a Chapter 7?

Adding a Creditor After a Chapter 7 Filing With Chapter 7 bankruptcies, if you want to add a creditor after you have already filed, you will need to notify your attorney as soon as possible. Only debts that are incurred before filing can be added to your Chapter 7 bankruptcy.

Is borrower a debtor?

If you're a debtor, you are indebted to someone else. Sometimes, a debtor refers to someone who files for bankruptcy. A borrower and debtor are nearly interchangeable terms. A borrower is in debt to a lender or financial institution when they borrow money.

How many courses do I need to take to become a bankruptcy attorney?

You’ll also need to take two educational courses. One before and one after filing bankruptcy. This is required by the Bankruptcy Code . There is usually a small cost for this counseling service, but bankruptcy law requires that anyone who can't afford to pay the cost can apply for a fee waiver.

How long do you have to take pre bankruptcy credit counseling?

You have 6 months to take the pre-filing course. Once your forms are filed with the bankruptcy court, you’ll want to get the second course done within 60 days of your meeting of creditors (or before the meeting, if you want). The courses are offered by nonprofit organizations that are pre-approved by the U.S. Trustee (or the bankruptcy administrator).

What do I need to do if I file for bankruptcy?

In a Nutshell. If you’re filing bankruptcy to wipe away your debt you’ll need to take two educational courses. A credit counseling course before filing your case and a financial management course after filing. Written by Attorney Andrea Wimmer. Updated January 5, 2021.

What to do during a credit counseling session?

During the credit counseling session, you'll speak with a credit counselor about your financial situation. Once done, they may recommend that you consider a repayment plan but oftentimes they'll simply provide you with the bankruptcy certificate to submit to the court along with your bankruptcy forms. The certificate is how you prove ...

How long is the debtor education course?

As a result, the debtor education requirement is a 2-hour course. When done, you'll receive a certificate of completion that you have to submit to the bankruptcy court.

How long is credit counseling?

The Executive Office of the United States Trustee (“EOUST”) states that “sessions should last approximately 60 minutes .”.

Can I file for bankruptcy if I don't have credit?

Yes, because as with everything in life, knowledge is power. Even if you don’t end up filing a bankruptcy case, a credit counseling session with an accredited nonprofit provider can help you figure out your next steps. It may help clarify whether bankruptcy is a good idea for someone in your situation.

How much does it cost to take the first bankruptcy course?

This course is taken before you file for bankruptcy and the cost is $19.95 per household. If you need to register for the Second Bankruptcy Course, which is taken after you file for bankruptcy, please click here.

How long does it take to get a refund for a certificate of completion?

Once a certificate of completion has been generated, there will be no refund granted. A refund requested within 4 months of the initial purchase date will be granted in the same form of payment used to pay for the course.

How to get a refund from DebtorCC?

To obtain a full refund of fees paid to DebtorCC, you may send an email to [email protected] or call us at 1-800-610-3920. You may only request a refund after you have made payment and before a certificate of completion has been generated. The certificate generation date and time are stamped on the certificate.

What is debtorcc counseling?

Each counselor has experience in accounting, financial planning, credit counseling, or personal financial management. The counselors at DebtorCC may answer general questions about bankruptcy but are prohibited from providing legal or tax advice.

Does bankruptcy affect credit score?

The completion of this credit counseling session will not negatively impact your credit rating. However your credit report or score may be negatively impacted by filing bankruptcy or choosing an alternative to bankruptcy that results in you making less than the contractual payments to your creditors.

Does DebtorCC endorse credit counseling?

Approval does not endorse or assure the quality of a Provider's services. This course is available on the Internet 7 days a week, 24 hours a day, 365 days of the year.

Is DebtorCC liable for a lack of filing?

By agreeing to use this service, you agree that DebtorCC and DebtorEdu are not liable for any damages caused by the lack of filing a certificate or the improper or inaccurate filing of a certificate, including, but not limited to, damages caused by DebtorCC or DebtorEdu’s negligence.

What does a credit counselor do?

A credit counselor uses your budget information to determine whether you have other options available to resolve your debt issues. They are particularly interested in giving you tips and tricks to stay out of debt and put you on the path to success moving forward.

Is CC advising approved in all states?

CC Advising is approved in all U.S. States and territories, and not every provider is, so you definitely want to check to see whether the provider you choose is approved, either by the US Trustee’s office or by the Bankruptcy Administrators (in Alabama and North Carolina).

Do you have to take credit counseling before filing for bankruptcy?

The first credit counseling session is generally required to be completed prior to filing for bankruptcy. Many clients take our course before they even meet with a bankruptcy attorney. However, there is no requirement that you have to be considering bankruptcy or that you file bankruptcy in order to take our course.

How long does a bankruptcy certificate last?

The course usually lasts for only two hours or so and can be completed online.

How long does it take to get a Chapter 7 certificate?

You will need to submit the certificate within 60 days of the date set for this meeting.

What is credit counseling?

The purpose of the credit counseling course is to help a debtor review their finances and make sure that bankruptcy is the appropriate path for them to take. You will receive a certificate at the end of the course. Assuming that you decide to move forward with the bankruptcy filing, you will need to submit this certificate with your bankruptcy ...

Do you get a notice of Chapter 7 bankruptcy?

The court will remind a Chapter 7 debtor about the requirement through a specific notice, but debtors filing under other chapters will not receive a notice.

Do you have to meet credit counseling and debtor education separately?

If you are filing a joint petition with your spouse, each of you will need to meet the credit counseling and debtor education requirement separately. There are a few exemptions from this requirement, but they are narrow. For example, a member of the armed forces might be able to get a waiver, as might someone who is filing an emergency bankruptcy ...

How long does debtor education last?

Regardless of the method of instruction, the course will typically last at least two hours. If you attend the course in person, an instructor will provide you with course materials and teach you in a class setting.

How much is a reasonable fee for debtor education?

But the new rules published by the Executive Office for U.S. Trustees (EOUST) state that $50 or less is a reasonable fee. If a debtor education provider wants to charge more than $50, it has to get approval from the EOUST. (Learn more about the new debtor education rules .) Fee waivers.

What happens if you don't complete debtor education?

If you don't complete the debtor education course within the specified deadlines, the court will typically close your bankruptcy case without a discharge. This means that if you want to wipe out your debts, you will need to file a motion, pay the necessary fees, and ask the court to reopen your case so that you can file ...

How to get discharged from Chapter 7?

To receive a discharge in Chapter 7 or Chapter 13 bankruptcy, you are required to take a debtor education course after you file your case. The goal of the debtor education requirement is to educate you on making smart financial choices so that you won't have to seek bankruptcy relief in the future. When you take the debtor education course, you ...

What is debtor education?

The purpose of the debtor education course is to teach you how to manage money and use credit wisely after bankruptcy. If you don't complete the debtor education requirement, the court won't issue a discharge in your bankruptcy. Read on to learn more about the debtor education course requirement in bankruptcy.

Do you have to take debtor education before discharge?

With a few exceptions, all Chapter 7 and Chapter 13 bankruptcy debtors must complete a course in debtor education before they can receive a discharge. (Learn more about the exceptions to the debtor education requirement .) you don't have an adequate debtor education course available in your district (this is a very rare occurrence).

How long does it take to get a bankruptcy education certificate?

Bankruptcy Education Deadlines. Those who file for Chapter 7 bankruptcy protection have 60 days after the first date set for the meeting of creditors to complete the debtor education course and file the certification of completion with the court.

What is bankruptcy education?

What Is Bankruptcy Debtor Education? In order to be discharged from Chapter 7 or Chapter 13 bankruptcy, you must complete a Pre-Discharge Debtor Education course. The purpose of this bankruptcy course is to help you remain financially secure and use credit wisely so you don’t end up in bankruptcy again.

What is the credit counseling requirement for bankruptcy?

It includes the requirement that all Chapter 7 or 13 bankruptcy petitioners complete approved credit counseling and provide to the court a certificate of completion from a U.S. Trustee-approved, nonprofit credit counseling agency. The law also requires all consumers who file for bankruptcy to successfully complete two bankruptcy courses prior to having debts discharged.

How to get credit counseling after bankruptcy?

With Pre-file Credit Counseling, you’ll start online, then receive a personal counseling session by telephone to discuss the details of your current financial situation with a Certified Financial Counselor. Your counselor will help you build an accurate picture of your current finances, then give specific advice on actions you can take to improve it. You’ll also discuss short- and long-term financial goals and determine if there are any alternatives to bankruptcy. The counselor will explain consequences of bankruptcy and actions you can take to get back on sound footing after a bankruptcy.

What happens if you miss Chapter 13 bankruptcy?

Those who file for Chapter 13 bankruptcy must complete the class and file the certification of completion before your last repayment plan payment or before you file a motion for discharge. If you miss these deadlines , the court will dismiss your case. To reopen it, you must repay the bankruptcy filing fee.

What are the exceptions to debtor education?

Exceptions include: being on active duty in a military combat zone. a disability that prevents you from taking the course. no court-approved course providers are available in your area. a course isn’t available in a language you understand.

What is the form 23 for debtor education?

When you complete the debtor education course, you must file a form called Debtor’s Certification of Completion of Postpetition Instructional Course Concerning Personal Financial Management (Official Form 23) with the court.

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Filers in Alabama and North Carolina

  • By law, the U.S. Trustee Program does not operate in Alabama and North Carolina; in these states, Bankruptcy Administratorsapprove pre-bankruptcy credit counseling organizations and pre-discharge debtor education course providers. The following is a list of Bankruptcy Administrator approved providers in Alabama and North Carolina.
See more on uscourts.gov

Filers in All Other States and Territories

  • Certificate of completion for both credit counseling and debtor education are required but before the filer’s debts can be discharged. Only credit counseling organizations and debtor education course providers that have been approved by the U.S. Trustee Program may issue these certificates for filers in all states and territories except for Alabama and North Carolina. Find an …
See more on uscourts.gov

Approval Process For Credit Counseling and Debtor Education Courses

  • In Alabama and North Carolina, the bankruptcy administrator approvescredit counseling and debtor education providers. Lists of approved providers for the six judicial districts in Alabama and North Carolina are maintained by the bankruptcy administrator for that district or bankruptcy court. An entity seeking to become an authorized credit counseling or debtor education provider …
See more on uscourts.gov