how long does the first bankrupcy course last before you have to retake it

by Lucas Leannon III 4 min read

Your certificate of completion of credit counseling is valid for 180 days (about 6 months). After this time, the certificate expires, and you are required to retake the session all over again to receive an updated certificate.

What is first bankruptcy course?

A: Yes, the pre- filing bankruptcy credit counseling certificate expires 180 date from the date if is issued by Access. The pre- discharge debtor education certificate issued by BKClass Inc. is valid until your court ordered completion date for discharge.

How long does it take to get out of a bankruptcy?

Mar 01, 2022 · From filing bankruptcy to discharge. In a Chapter 7, filing to discharge is about four months; in Chapter 13 it’s three to five years. But, too often, the real gating issue is getting ready to file. How long will it take you to get your attorney all the needed information. And that’s a timeline that you, the client, control. The source of delay

How long is the pre-filing bankruptcy credit counseling course?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-04-19_10-08-26. When you file for bankruptcy, you'll complete two courses—a credit counseling course and a debtor education course. If you're unsure which to take or how to find approved providers, these basics will help: You'll take the credit counseling course before bankruptcy.

What happens if I fail my bankruptcy course?

What Is The Debtor Education Course Requirement?

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...

Who Must Take The Debtor Education Course?

With a few exceptions, all Chapter 7 and Chapter 13 bankruptcy debtors must complete a course in debtor education before they can receive a dischar...

Approved Debtor Education Course Providers

You must take the debtor education course from a provider approved by the U.S. Trustee (or the Bankruptcy Administrator if you live in Alabama and...

When Do You Have to Complete The Debtor Education Course?

If you file for Chapter 7 bankruptcy, you must take the debtor education course and file your certificate of completion (discussed below) with the...

How Much Does The Debtor Education Course Cost?

The cost of the debtor education course will depend on the provider you select. But the new rules published by the Executive Office for U.S. Truste...

What Happens During The Debtor Education Course?

You can usually take the debtor education course in person, over the phone, or on the Internet. Regardless of the method of instruction, the course...

Filing Your Certificate of Completion

When you complete the debtor education course, you must file a form called Debtor’s Certification of Completion of Postpetition Instructional Cours...

How long do you have to take pre bankruptcy counseling?

You must take the counseling within 6 months of the filing of your case. If your certificate is older than that, you need to retake the session. The providers of pre bankruptcy credit counseling are approved by the UST in each judicial district.

What is the ticket into bankruptcy?

The ticket into bankruptcy is a credit counseling session. Congress imposed this requirement because someone told them that “unscrupulous bankruptcy lawyers” were pushing people into bankruptcy when there were other effective options. Balderdash!

What is bankruptcy credit counseling?

Bankruptcy Credit Counseling. The ticket into bankruptcy is a credit counseling session. Congress imposed this requirement because someone told them that “unscrupulous bankruptcy lawyers” were pushing people into bankruptcy when there were other effective options. Balderdash!

How long do you have to take bankruptcy classes?

How long do I have to take it after filing for bankruptcy? A: In a chap­ter 7 case, you must take the debtor edu­ca­tion post-​​bankruptcy class (1) after you file your peti­tion for bank­ruptcy and (2) within 45 days after your first meet­ing date with your cred­i­tors and bank­ruptcy trustee.

What is pre bankruptcy counseling?

The pre-​​filing bankruptcy credit counseling course is also known as a pre-​​petition counseling session or a budget briefing. You will be required to provide a certificate of completion showing you have completed the bankruptcy credit counseling course prior to filing for bankruptcy. After filing bankruptcy, and after receiving your bankruptcy ...

What is the bankruptcy abuse prevention and consumer protection act?

A: The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 includes two provisions mandating financial counseling and education: Before filing for bankruptcy, consumers are required to have a briefing on the alternatives to bankruptcy; and before receiving a bankruptcy discharge a debtor is required to complete an instructional course concerning personal financial management. These provisions were included to provide debtors in bankruptcy with the skills and tools needed to potentially avoid future financial problems.

What is the pre discharge debtor education course?

The debtor education course is also known as the personal financial management course or the post-​​filing debtor education course, and completion of this course is required ...

Does Access and BKClass protect your personal information?

A: Yes, Access and BKClass Inc. are committed to maintaining your privacy and online confidentiality, including the use of special encryption to protect your personal information. Please see our Privacy Policy for more information. Back to top.

How long does Chapter 13 bankruptcy last?

Chapter 13 is different: 13 is a payment plan stretching over 3-5 years. The discharge comes when the plan payments are complete.

How long does it take to get discharged from Chapter 7?

In a Chapter 7, filing to discharge is about four months ; in Chapter 13 it’s three to five years. But, too often, the real gating issue is getting ready to file. How long will it take you to get your attorney all the needed information. And that’s a timeline that you, the client, control.

What are the actions of a Chapter 13 debtor?

But in most districts, Chapter 13 debtors have few action items: make the payments to the trustee, provide requested updated information, and take the debtor education class.

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.

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).

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 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.

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.

How many classes do you need to take before filing for bankruptcy?

In both Chapter 7 and Chapter 13 bankruptcy, you (and your spouse if you file jointly) must take two courses before you receive a bankruptcy discharge (the order that wipes out qualifying debt)—one before you file your paperwork, and another afterward. Read on to learn about the second class, a personal financial management course known by several ...

How long do you have to file a 423 in bankruptcy?

When You Must Get the Counseling. In Chapter 7 bankruptcy, you must file Form 423 and the certificate no later than 45 days after the date on which your meeting of creditors was first scheduled. Don't miss the deadline. If you do, the court might close your case.

What is debtor education?

It's a financial management course that you take after you've filed for bankruptcy but before you get a discharge. The debtor education course teach es you strategies that will help you stay financially healthy after your bankruptcy.

Do you have to be a nonprofit to take bankruptcy counseling?

Unlike the agencies approved to provide pre-bankruptcy credit counseling, the agencies providing debtor education courses don't have to be a nonprofit organization.

How long does it take to file a 423?

Filing Deadlines. In Chapter 7 bankruptcy, you must file Form 423 and the certificate no later than 45 days after the date on which your meeting of creditors was first scheduled. Don't miss the deadline. If you do, the court might close your case.

What form do you need to file for bankruptcy?

If that happens, you'll have to reopen your case and repay the entire filing fee. In Chapter 13 bankruptcy, you must file Form 423 and the certificate no later than the date on which you make your last plan payment.

Can you pay credit counseling on a sliding scale?

However, you must be allowed to pay on a sliding scale if you can't afford to pay the full price. You can take the course in a variety of ways, depending on the provider. You can find approved agencies in your area by visiting the U.S. Trustee's website. Select "Credit Counseling & Debtor Education" in the left navbar.

How many courses do you need to file for bankruptcy?

A person who files for bankruptcy must take two educational courses before receiving a bankruptcy discharge wiping out qualifying debt. Before you can file for Chapter 7 or Chapter 13 bankruptcy, you must consult with a nonprofit credit-counseling agency to see whether you can feasibly handle your debt load outside of bankruptcy, ...

What is the second course in bankruptcy?

The Second Course: Post-Bankruptcy Debtor Education. Bankruptcy filers must take a second course—called debtor education —after filing for bankruptcy. The debtor education course provides the filer with financial management tools, such as tips for creating a budget and rebuilding credit after bankruptcy.

Can a debtor afford a counseling fee?

However, if a debtor cannot afford the fee, the counseling agency must provide services free or at reduced rates by offering a sliding fee scale, as well as a fee waiver for people below a certain income level (150% of the poverty level for a family of equal size).

Do you have to agree to a repayment plan for bankruptcy?

Even if a repayment plan is feasible, you aren't required to agree to it. However, if the agency does come up with a plan, you must file it along with your other bankruptcy documents.

What is debtor education?

The debtor education course provides the filer with financial management tools, such as tips for creating a budget and rebuilding credit after bankruptcy.

What happens if you don't pass bankruptcy education?

If you’re unable to pass the debtor education course and your case is closed without a bankruptcy discharge, it will cost you. You will need to pay extra to have your bankruptcy case reopened. Creditors may resume collections actions against you and seize your assets before you reopen your case.

Can you pay extra to reopen bankruptcy?

You will need to pay extra to have your bankruptcy case reopened. Creditors may resume collections actions against you and seize your assets before you reopen your case. To avoid the costly consequences of failing your debtor education course you will need to act quickly.

What does failure to take a course mean?

However, failure to take the course or to pass it could mean that your bankruptcy case is closed without a discharge. Fortunately, there are a few things you can do to fix the situation if you fail the course.

How long do you have to take a 341?

You have 60 days from the initial date of your 341 meeting to take the debtor education course in a Chapter 7 case and file your certificate of completion with the bankruptcy court. This means that even if your 341 meeting is extended to another date, the clock starts ticking from the first date that was set. In a Chapter 13 case, you must take the court before you make your final plan payment. This is why it’s important that you schedule your debtor education course as soon as possible so that if you fail it you can retake the course and still get your discharge.

Can you take the court in Chapter 13?

In a Chapter 13 case, you must take the court before you make your final plan payment. This is why it’s important that you schedule your debtor education course as soon as possible so that if you fail it you can retake the course and still get your discharge.

Is there a second bankruptcy course?

Yes, Second Bankruptcy Course LLC is approved by the United States Trustee to issue certificates in compliance with the Bankruptcy Code. Approval does not endorse or assure the quality of a Provider’s services.

How long do you have to take Chapter 7 bankruptcy?

In a chapter 7 case, you must take the debtor education course: (1) after you file your bankruptcy case and (2) within 60 days after your first meeting date with your creditors and bankruptcy trustee. This meeting is also known as a Sec. 341 meeting (named after Sec. 341 of the Bankruptcy Code which requires it).

When do you have to take debtor education?

When do I need to take this post-filing debtor education course? In a chapter 7 case, you must take the debtor education course: (1) after you file your bankruptcy case and (2) within 60 days after your first meeting date with your creditors and bankruptcy trustee.

Does approval of a bankruptcy course endorse or assure the quality of a provider's services?

Approval does not endorse or assure the quality of a Provider’s services. Second Bankruptcy Course is also approved to issue certificates in compliance with the Bankruptcy Code by the Bankruptcy Administrators in the Northern, Middle and Southern Districts of Alabama, and the Eastern, Middle and Western Districts of North Carolina.

How to complete the automated telephonic course?

To complete the automated telephonic course, call 800.214.7030 Monday through Friday, 8am-8pm ET and a representative will take payment and send you into the course – no appointment necessary. alternatively, you can register online 24/7 and follow the instructions to call into the course.

How long does a bankruptcy stay last?

If you had one prior bankruptcy case pending within the previous 12 months dismissed, you could probably file a second case, but the automatic stay will last for only the first 30 days of the latter case. Creditors will have to stop their collection actions, but only for 30 days. After that, the automatic stay will naturally end unless you get court approval to extend.

What happens when a debtor files for bankruptcy?

The debtor, facing a threat to their property, files the bankruptcy case to stop a repossession or foreclosure. When the danger passes, the debtor will either ask the court to dismiss the case or more likely, stop making plan payments, which will result in a dismissal.

Can you file another bankruptcy case if you have a Chapter 13?

If your Chapter 13 case is dismissed, you can file another case right away. For strategic reasons, some debtors will file and dismiss several cases in quick succession. This isn't necessarily a good idea, but it is possible. The debtor, facing a threat to their property, files the bankruptcy case to stop a repossession or foreclosure.

Why do debtors file bankruptcy?

The debtor, facing a threat to their property, files the bankruptcy case to stop a repossession or foreclosure.

What happens after Chapter 13 discharge?

After Chapter 13 Dismissal. As a continuation of the above example, say a circumstance arises and you're not able to make the payments on your Chapter 13 repayment plan. Usually, when that happens, you won't be granted a discharge of your debts unless you're eligible for and request a hardship discharge.

Can you get discharged from Chapter 13?

As a continuation of the above example, say a circumstance arises and you're not able to make the payments on your Chapter 13 repayment plan. Usually, when that happens, you won't be granted a discharge of your debts unless you're eligible for and request a hardship discharge. Instead, your case will be dismissed.

How long can you file a third case?

Two Cases Pending Within 12 Months. If you had two cases pending within the previous 12 months, you might be allowed to file a third case, but the automatic stay will not go into effect at all unless you ask the court to impose it.