how long is the credit counsiling course good for before filing bankruptcy

by Prof. Quinten Goldner 7 min read

How long does credit counseling take before filing bankruptcy?

How long do I have to take the bankruptcy pre-filing course?

Where can I find a pre-filing bankruptcy credit counseling course?

 · The agency offering the credit counseling must be approved by the U.S. Trustee Program office. The session must take place within 180 days before filing for bankruptcy. The counseling fee is about $50, and you can ask for the fee to be waived if you can’t afford it, or to pay it in installments.

When do I take the credit counseling and debtor education courses?

 · Everyone has to complete a pre-bankruptcy credit counseling course before and a pre-discharge debtor education course after filing their bankruptcy case. You have 6 months to take the pre-filing course.

What's The Pre-Bankruptcy Credit Counseling Requirement?

When you file for bankruptcy, you must fulfill several requirements. For instance, you must: 1. disclose all aspects of your financial situation by...

Why You Must Take Pre-Bankruptcy Credit Counseling

Credit counseling gives you an idea of whether you really need to file for bankruptcy or whether an informal repayment plan would get you back on y...

How to Find Credit Counseling Agencies and The Expected Costs

Your bankruptcy jurisdiction must approve the particular course that you take. You can find an approved provider by visiting the U.S. Trustee’s web...

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 wit...

How long does it take to get credit counseling before filing for bankruptcy?

The agency offering the credit counseling must be approved by the U.S. Trustee Program office. The session must take place within 180 days before filing for bankruptcy.

How long does it take to get a credit counseling certificate?

The credit counseling organization will provide a certificate once you’ve completed the counseling, and you must file it along with bankruptcy paperwork within 15 days after your bankruptcy filing date.

How long does it take to get a bankruptcy certificate?

For Chapter 7 cases, it must be filed within 45 days after the creditors meeting. For Chapter 13, it must be filed no later than the date of your last payment in the repayment plan or the date of the filing for ...

How much does it cost to take a credit management class?

It covers areas like budgeting, responsible use of credit, money management and dealing with financial emergencies. The classes cost from $50 to $100 and take about two hours to complete in person, by phone or online. You will receive a certificate to prove you’ve completed the course.

What do you need to know before filing for bankruptcy?

If you already have filed for bankruptcy, you must complete a separate debtor education course before the debts are discharged. The course teaches money management skills to help you avoid a second visit to bankruptcy court. It covers areas like budgeting, responsible use of credit, money management and dealing with financial emergencies.

Does the Trustee Program operate in North Carolina?

The U.S. Trustee Program responsible for approving such organizations does not operate in North Carolina or Alabama. In those states, bankruptcy administrators approve such organizations.

What is credit counseling?

Credit counseling is designed to provide a clear picture of whether it’s possible to get back on solid financial footing without bankruptcy. The counselor will review your income and expenses, discuss alternatives and help you develop a personal budget.

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).

How long is credit counseling?

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

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.

Do you need to take bankruptcy classes if you have no financial management skills?

Of course, this instructional course is required even if the reason for your bankruptcy filing had nothing to do with your financial management skills.

How long is a certificate of completion good for?

You get the certificate of completion after you’ve completed the course. It’s good for 180 days.

Do you need credit counseling for Chapter 7?

Is credit counseling required for Chapter 7? Yes, individuals who file any type of bankruptcy (Chapter 7, Chapter 13, or Chapter 11) have to complete this requirement. The credit counseling requirements exist to make sure that everyone filing bankruptcy knows about all available debt relief options .

What is a bankruptcy certificate?

The certificate is how you prove to the court that you’ve completed the course.

How long do you have to get credit counseling before filing for bankruptcy?

In most cases, you must get credit counseling within 180 days before filing for bankruptcy protection. Additionally, you must complete an educational course on debt management before you are eligible to have your debts discharged.

Why are bankruptcy counseling and debtor education requirements enacted?

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 do you need to know after filing for bankruptcy?

Before you have your debts discharged, but after you file for bankruptcy, you are required to complete an approved course on consumer debt. They may also be referred to as "providers or personal financial management instructional courses.". These courses usually cover the following topics:

How much does credit counseling cost?

Depending on where you live and other factors, a counseling session may cost roughly $50.

Can you get credit counseling and education before bankruptcy?

Pre-Bankruptcy Counseling and Education Requirements. Credit counseling and debtor education may not be provided at the same time to meet bankruptcy filing requirements. Credit counseling must be completed before filing, while debtor education must take place after filing (but before debts are discharged).

Does the government approve credit counseling?

The U.S. government must approve counseling organizations to qualify. The U.S. Trustee Program responsible for approving credit counseling organizations does not operate in North Carolina or Alabama, so bankruptcy administrators approve such organizations.

Do you get a credit counseling certificate if you file for bankruptcy?

After completing the credit counseling requirement, the organization will supply you with a certificate (which you will use as proof when you file for bankruptcy). By law, there is no extra charge for the certificate. See the DOJ's list of approved credit counseling agencies to find one near you.

How long does a bankruptcy certificate last?

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

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 ...

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.

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 ...

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.

Who approves credit counseling in Alabama?

In Alabama and North Carolina, the bankruptcy administrator approves credit 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.

What states have bankruptcy administration?

The United States Bankruptcy Administrator Program, a bankruptcy estate administration program established by the federal judiciary, presently serves only the six federal judicial districts in the States of Alabama and North Carolina.

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

Credit counseling must take place before you file for bankruptcy; debtor education must take place after you file. 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 ...

Does the Trustee Program work in Alabama?

By law, the U.S. Trustee Program does not operate in Alabama and North Carolina; in these states, Bankruptcy Administrators approve 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.

How long does it take to get credit counseling before filing for bankruptcy?

The certificate proves that you received credit counseling from an agency approved by the U.S Trustee's office within the 180 days before you file your bankruptcy.

How long does it take to get credit counseling after filing?

You were unable to obtain counseling within five days after requesting it. If you can prove that you didn't receive credit counseling for these reasons, you must certify that to the court and complete the counseling within 30 days after filing. You can ask the court to extend this deadline by 15 days.

How long does it take to complete a debtor education course?

Debtor Education Course Completion Deadlines. Here are the time limits for completing the course: Chapter 7. If you filed for Chapter 7, you 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. Chapter 13.

Do you have to get counseling for debt?

You don't have to get counseling if the U.S. Trustee certifies that an appropriate agency isn't available to you in the district where you will be filing. However, counseling services are available by phone and online, so it's unlikely that approved debt counseling will ever be unavailable.

Can you avoid credit counseling after bankruptcy?

You can also avoid the credit counseling requirement if, after notice and hearing, the bankruptcy court determines that you couldn't participate because of:

Can you get debt counseling online?

However, counseling services are available by phone and online, so it's unlikely that approved debt counseling will ever be unavailable. You can also avoid this requirement if you certify to the court's satisfaction that: You had to file for bankruptcy immediately (perhaps to stop a wage garnishment or foreclosure).

How much does credit counseling cost?

A sliding fee scale and a waiver of fees altogether for people below 150% of the poverty level for the family size must be available. Most course prices range from free to $50, depending on the circumstances.

Do I Have To Take The Credit Counselling Course Before I File A Bankruptcy Petition?

Since the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, before a debtor files for bankruptcy relief in Chapter 7 or Chapter 13, they are required to take a credit counseling course. See 11 U.S.C. § 109 (h).

The Pre-Filing Credit Counselling Course

The pre-bankruptcy counseling course should include a review of the debtor’s personal finances, a discussion of alternatives to bankruptcy, and an evaluation of their personal budget. The counseling is required even if it is fairy obvious that a repayment plan is not feasible. The course generally takes about one hour.

When do you get a certificate of completion for debt counseling?

We will only provide a certificate of completion once the debtor has completed the online portion of the course and speaks to a counselor. A counselor will be available during normal business hours of Monday - Friday 9am to Midnight EST. The counselor will discuss: a. Analysis of current financial situation; b. Factors that caused such conditions; c. Assistance in developing a plan to respond to problems without incurring negative amortization of debt.

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.

When do we disclose debtor information?

We might disclose debtor information to the United States Trustee in connection with the United States Trustee's oversight of DebtorCC, or during the investigation of complaints, during on-site visits, or during quality of service reviews.

What time does DebtorCC open?

Our normal business hours are Monday - Friday 9am to Midnight EST. A live counselor will be available during this time to answer any questions. For questions that arise outside normal business hours, a counselor from DebtorCC will answer the question before 12pm EST the following business day.

What is a debtorcc billing code?

DebtorCC provides attorneys that opt-in to the attorney billing program a unique attorney billing code. The attorney billing code may be used on the website to pay for the course fee. If you have been provided an attorney billing code by your attorney and authorized to use it, you may only use the attorney billing code one time. You may not share or publish the attorney billing code. The attorney billing code only applies towards payment of the pre-filing bankruptcy credit counseling course fee. If you select any upgrades or choose to purchase any other products or services from DebtorCC, the attorney billing code may not be used towards the purchase.

Does DebtorEdu charge for bankruptcy?

DebtorEdu does not charge an additional fee for this service. This service is available in all jurisdictions except New Hampshire and Guam. This service is available only for the second bankruptcy course at Debtoredu.com. Once DebtorCC receives your request, we will create an Attorney Portal Account for your law firm and email you a confirmation. We will notify you by email when DebtorEdu will begin filing your clients’ certificates with the Bankruptcy Court.

Does the fee waiver apply to pre-filing bankruptcy?

If you are eligible and the above partial fee waiver factors do not apply, you will receive a full fee waiver. The fee waiver only applies to the pre-filing bankruptcy credit counseling course fee. The fee waiver does not apply for any upgrades or any other products or services offered by DebtorCC.

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 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 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.

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.

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