how long does the second course take in bankruptcy

by Prof. Adrian Schaden V 7 min read

2 hours

Full Answer

What you should know before filing for bankruptcy?

Spending Money Before Filing Chapter 7 or Chapter 13. If you are considering filing a bankruptcy petition, you should avoid making luxury purchases or preferential transfers prior to filing. This means avoiding big purchases such as a second car or a house or an expensive vacation. This also means not repaying a loan to a friend or to family ...

How do I start the process of bankruptcy?

Timeline for bankruptcy

  1. make sure bankruptcy is the right option for you. Bankruptcy can offer you a fresh start if you can't see any other way out of your debt problems. ...
  2. complete the bankruptcy form and pay the fee. To apply to go bankrupt you need to fill in an online application. ...
  3. withdraw some money for your living costs. ...
  4. submit the application. ...

More items...

How soon can you file second bankruptcy?

  • Successive Chapter 7 Cases: You must wait at least 8 years
  • Successive Chapter 13 Cases: You must wait at least 2 years
  • Chapter 7, then Chapter 13: You must wait at least 6 years
  • Chapter 13, then Chapter 7: You must wait at least 4 years

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.

What happens when you file bankruptcy for the second time?

If you file for bankruptcy again prior the time limits, then you will not be entitled to a discharge, and your remaining debts will survive the bankruptcy.

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.

What is Debtorcc?

Required Bankruptcy Course 001 Debtorcc, Inc. is approved to issue certificates evidencing completion of a pre-filing bankruptcy credit counseling session in compliance with the Bankruptcy Code.

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.

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 much does a post bankruptcy education course cost?

Our post-filing debtor education course is available for $20. If you are filing a joint bankruptcy, you are only required to pay one fee to take the course.

When do you have to take bankruptcy education?

In a chapter 13 or chapter 11 case, the debtor education course must be taken (1) after you file your petition for bankruptcy and (2) no later than the last payment you have to make as required by your bankruptcy plan, or the filing of a motion for entry of a discharge.

What classes do you need to take after bankruptcy?

Debtor education, post-filing course, pre-discharge course, and personal financial management class all refer to the same class. This is the class you need to take after your bankruptcy case is filed.

How long is the post filing debtor education course?

The post-filing debtor education course takes a minimum of 2 hours. This time requirement conforms to the Executive Office for U.S. Trustees (EOUST) minimum program guidelines.

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).

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.

What does "approved" mean in bankruptcy?

Approved 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 the bankruptcy course?

If you file a Chapter 7 you will need to take the course within 60 days after your 341 meeting and if you file a Chapter 13 you will need to take the course before your last payment.

What is required to file for bankruptcy?

The Act requires that individuals filing for bankruptcy complete a credit counseling course prior to filing. It also requires a debtor education course after filing but prior to discharge.

How to complete the ed course?

Complete the course Online. 1. Click Get Started. 2. Follow the on-screen instructions to fill in your registration details and pay for the course. ℹ. 3. The course will take approximately 2 hours to complete. You do not have to finish it at one time and can return to finish it at your own pace.

How to register for a course in Puerto Rico?

1. Call 800.214.7030 (1.513.228.5969 Puerto Rico), 8AM-8PM ET, M-F to register. ℹ. 2. You can either be transferred to the automated course immediately or call back and enter the requested information to complete the course at any time. 3. The course will take approximately 2 hours to complete.

What courses do you need to take to file for bankruptcy?

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:

How many pages does bankruptcy take?

Bankruptcy is an unusual area of law because it's essentially a qualification process. The laws provide instructions for completing a 50- to 60-page bankruptcy petition, and because all rules apply in every case, you can't skip a step.

When Do I Have to Complete the Debtor Education Requirement?

Chapter 13 filers must file the completion certificate before making the last Chapter 13 repayment plan payment.

How Much Does the Debtor Education Course Cost?

If your household income is below 150% of the poverty line, you'll be eligible for a fee waiver. Otherwise, $50 or less is reasonable.

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 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.

How Long Does A Bankruptcy Class Take?

Each class takes about an hour. Classes can be taken online or over the phone. They can also be taken in person; however, there are no approved providers in the local area at this point.

What is the first class of bankruptcy?

The first class is described as “Credit Counseling”. The second is for “Debtor Education”.

How Much Do The Classes Cost?

The cost depends on which service provider you go with. The least expensive one we have found is at DebtorCC.org . That site charges $9.95 per person per certificate (as of the time of the writing of this article). The United States Trustee has a complete list of service providers here. You can go to each website to find one that fits your needs (costs, availability, etc). By federal law, the costs are disclosed up front. [NOTE: If your attorney is doing your case for free, most service providers will also waive their fee.]

Who approves the second bankruptcy course?

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.

What is a self-paced online financial management course?

This self-paced, online personal financial management course satisfies your debtor education requirements after you file for a Chapter 7 or Chapter 13 personal bankruptcy in the U.S.

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.

How long does it take to complete bankruptcy counseling?

A: The pre-​​filing bankruptcy credit counseling course takes a minimum of 60 minutes to complete. The pre-​​discharge debtor education course takes a minimum of 2 hours. Theses time requirements conform to the EOUST and the Alabama Bankruptcy Administrators' program guidelines.

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 ...

What is pre filing bankruptcy?

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 ...

How to start BK classes online?

A: You can begin the courses online by visiting our home page www.BKClass.com or by calling 1- (800)-BK-CLASS.

Does a pre-filing bankruptcy certificate expire?

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. Your bankruptcy attorney may be able to provide additional clarification regarding these requirements.

What is the second course in bankruptcy?

The second course is called the debtor education course or the financial management course. The post-filing debtor education course was added by BAPCA to educate individuals about their finances and give them all the tools they need so they don’t end up having to file bankruptcy again. Like the first course, this course must be taken through an approved debtor education provider. Failing to complete the course will prevent you from getting your discharge. This means your bankruptcy case will close and you will still be liable for whatever debts did not get paid through your Chapter 13 plan. If this happens, you will need to pay money to reopen the case and provide the court with a certificate of completion showing that you completed the Debtor Financial Management Course.

How long does it take to complete bankruptcy counseling?

The bankruptcy credit counseling course must be completed 180 days before you file your bankruptcy petition . The second course is called the debtor education course or the financial management course.

What Happens After I Complete the Course?

After the course is completed, you will get a certificate of completion. The certificate of completion can be faxed, emailed, or mailed to you. Once you receive the certificate, you will need to file it with the court. You can either do this electronically or go to the Clerk’s office to give it to them personally/mail it to the court. Some districts allow individuals to submit the certificate through an online portal and some course providers will file the certificate with the court for you automatically. It is important that you file the certificate as soon as you complete the course so that you don’t lose it or forget about it. If you forget to file the certificate, the court won’t be able to enter your discharge.

What is pre discharge debtor education?

Unlike the credit counseling course that deals with your debt, this instructional course gives you tips and tools to prepare you for life after your bankruptcy discharge. The course encourages individuals to educate themselves on ways they can save money so that they don’t get into credit card debt in the future. The course will provide insight on how to manage money, how to use credit cards, and how to deal with unexpected financial disasters. It will also provide budgeting tips, tricks, and strategies to stay financially healthy.

What is Upsolve for bankruptcy?

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What is the first course to take before filing for bankruptcy?

The first course is called the pre-filing credit counseling course which must be taken through a provider that is approved to offer the course in the district you file.

How much does debtor education cost?

The Debtor Education Course usually costs between $15 - $50 depending on the provider you choose to complete it with. The Executive Office for the U.S. Trustees (EOUST) has set a figure limiting the fee to the course to be under $50.

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