what is a pre-discharge course bankruptcy chapter 13

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. The course teaches:

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When does a Chapter 7 or Chapter 13 bankruptcy discharge occur?

This is the second bankruptcy course that must be taken prior to receiving a discharge from the court. Depending on the specifics of your case and advice from your attorney, you may want to take this course prior to the meeting of creditors.

What is a chapter 13 hardship discharge?

Nov 09, 2021 · Pre-file bankruptcy credit counseling must take place 180 days before you file for bankruptcy. Pre-discharge debtor education must be completed within 60 days after your first meeting with creditors for Chapter 7 bankruptcy. For Chapter 13 bankruptcy, you must complete the course before making your final payment.

What is a bankruptcy discharge?

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 teaches you strategies that will help you stay financially healthy after your bankruptcy. Approved Providers. You'll take the course from an agency approved by the Office of the U.S. Trustee.

What is the difference between Chapter 12 and Chapter 13 bankruptcy?

In chapter 12 and chapter 13 cases, the debtor is usually entitled to a discharge upon completion of all payments under the plan. As in chapter 7, however, discharge may not occur in chapter 13 if the debtor fails to complete a required course on personal financial management.

How long does it take to discharge a Chapter 13 bankruptcy?

6 to 8 weeksHow Long Does Chapter 13 Discharge Take? Discharging debt through Chapter 13 may take 6 to 8 weeks after the final payment is made on your 3 to 5-year repayment plan (whichever was approved by the bankruptcy court).

What does it mean to discharge a Chapter 13?

What Is a Chapter 13 Debt Discharge? A Chapter 13 debt discharge is a court order releasing the debtor of all debts that are dischargeable. You don't have to pay back debts that have been discharged. Creditors are also prohibited from trying to collect debts after the case is finalized.Apr 7, 2021

What is pre discharge 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 teaches you strategies that will help you stay financially healthy after your bankruptcy.

How do I know when my Chapter 13 is over?

When you log into your account, you will see a month and year in the top right corner. As a general rule, this is a the approximate date as to when your Chapter 13 bankruptcy will finish.

What happens after my Chapter 13 is discharged?

A Chapter 13 Plan may modify an automobile lien and if the plan completes and you receive a discharge the debt will be gone and the car lienholder is obligated to release its lien upon discharge. In certain circumstances a Chapter 13 Plan and subsequent discharge may avoid a second or third mortgage lien.Dec 11, 2020

Does a Chapter 13 discharge show up on credit report?

A Chapter 13 bankruptcy stays on your credit reports for up to seven years. Unlike Chapter 7 Bankruptcy, filing for Chapter 13 bankruptcy involves creating a three- to five-year repayment plan for some or all of your debts. After you complete the repayment plan, debts included in the plan are discharged.Jul 23, 2021

What does pre discharge mean?

Definition of predischarge : occurring before discharge (such as discharge from military service or the discharge of a debt) military predischarge programs All debtors must attend a two-hour course on managing finances in order to receive a bankruptcy discharge.

Is borrower a debtor?

What Is a Debtor? A debtor is a company or individual who owes money. If the debt is in the form of a loan from a financial institution, the debtor is referred to as a borrower, and if the debt is in the form of securities—such as bonds—the debtor is referred to as an issuer.

What is credit consultant?

A a credit consultant helps a consumer with credit repair, typically through bill settlement and debt management. Duties include reviewing revenue for a customer and creating a plan to help them manage or pay off debt.

Is this course a requirement for my bankruptcy case?

Yes. The law requires that you must complete a pre discharge bankruptcy course before you may be granted a discharge. This is a mandatory course.

Will this course satisfy the requirements for both chapter 7 and chapter 13 cases?

Yes. Our bankruptcy course is approved to satisfy the requirements for both chapter 7 and chapter 13 bankruptcy cases.

How do I get started with the second bankruptcy course?

To register for the second bankruptcy course, please visit: https://www.debtoredu.com/post-bankruptcy-course.aspx.

Do I have to take this course only when your customer service is open?

No. The course is available to take 24 hours a day, 7 days a week, and 365 days a year. You may register for the course and take it at any time.

When should I take the second bankruptcy course?

The second bankruptcy course should be taken after your bankruptcy case is filed. This is the second bankruptcy course that must be taken prior to...

What information do I need to register for the second bankruptcy course?

You need the following information to register for the second bankruptcy course: first name, last name, last 4 digits of your social security numbe...

Where can I find my bankruptcy case number?

Your bankruptcy case number (e.g., 20-12345) can be found on your bankruptcy paperwork. After you file a bankruptcy case, the court usually sends y...

Can my spouse and I take the bankruptcy course together?

Yes. You and your spouse can register and take the second bankruptcy course together or separately.

I mistakenly registered for the course without my spouse. Can I add my spouse onto the account at a ...

Yes. Please send an email to [email protected] with your request. Please include your first name, last name, last 4 digits of your social secur...

I took the first bankruptcy course with another course provider. Can I still take the second bankrup...

Yes. You are not required to complete both courses with the same company. We encourage you to take the second bankruptcy course with us as we provi...

What is pre-discharge credit counseling?

When you complete the first course – pre-filing bankruptcy credit counseling – you receive a certificate that you, or your attorney, must include when filing for bankruptcy. The same situation exists after completing the second course – pre-discharge debtor education, which is sometimes referred to as Financial Management.

What happens when you discharge debt in bankruptcy?

Though bankruptcy discharges clear away debt, their terms are strict and require that petitioners follow court orders.

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

Pre-file bankruptcy credit counseling must take place 180 days before you file for bankruptcy. Pre-discharge debtor education must be completed within 60 days after your first meeting with creditors for Chapter 7 bankruptcy. For Chapter 13 bankruptcy, you must complete the course before making your final payment.

What is the goal of bankruptcy?

Bankruptcy petitioners all have one goal: getting out of debt as quickly as possible. That objective is reached through discharge, a court order that releases a debtor from obligations to repay specific unsecured debts. It prevents creditors or collection agencies from collecting debts through legal action or communication, such as phone calls, ...

How long does it take to get a bankruptcy certificate?

If you filed a Chapter 7 bankruptcy, you’ll have 45 days to file the completion certificate after you finish the course.

How long does bankruptcy stay on credit report?

The higher your score was before filing, the more it will drop. Also, be aware that Chapter 7 bankruptcy information will stay on your credit report for 10 years.

What is debtor education?

Debtor education focusing on budgeting and managing money after bankruptcy. The idea is to set financial goals and learn how to cut your expenses. The debtor education course is taken after you file for bankruptcy but before your case is discharged.

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 ...

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.

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.

When do you file a 423?

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. You can take the course early on in your case, however, and some attorneys recommend this because the course provides information that may help you budget and complete your plan.

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 is Chapter 13 hardship discharge?

The scope of a chapter 13 "hardship discharge" is similar to that in a chapter 7 case with regard to the types of debts that are excepted from the discharge. A hardship discharge also is available in chapter 12 if the failure to complete plan payments is due to "circumstances for which the debtor should not justly be held accountable.".

What chapter is discharged in bankruptcy?

The bankruptcy discharge varies depending on the type of case a debtor files: chapter 7, 11, 12, or 13. Bankruptcy Basics attempts to answer some basic questions about the discharge available to individual debtors under all four chapters including:

How to object to bankruptcy discharge?

To object to the debtor's discharge, a creditor must file a complaint in the bankruptcy court before the deadline set out in the notice. Filing a complaint starts a lawsuit referred to in bankruptcy as an "adversary proceeding.".

How long does it take for a court to deny a discharge in a chapter 7 case?

The court will deny a discharge in a later chapter 7 case if the debtor received a discharge under chapter 7 or chapter 11 in a case filed within eight years before the second petition is filed.

What is discharge injunction?

The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction.

How many years before a Chapter 13 case is filed?

A debtor is ineligible for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case filed four years before the current case or in a chapter 13 case filed two years before the current case.

How long does it take to revoke a discharge?

Typically, a request to revoke the debtor's discharge must be filed within one year of the discharge or, in some cases, before the date that the case is closed. The court will decide whether such allegations are true and, if so, whether to revoke the discharge.

What is Chapter 13 discharge?

Chapter 13 Discharge has recently undergone many changes across its vast array of options. With these changes come many more possible scenarios where things won’t necessarily go as planned. Every participating party involved in a Chapter 13 should seek proper legal counsel prior to filing for a Chapter 13 Discharge. This will ensure that all aspects of the filing are in order. The baseline qualifications for a Chapter 13 Discharge are the following:

Can a Chapter 13 debtor complete the Chapter 13 plan?

In certain scenarios, the debtor involved in the Chapter 13 plan may be unable to to complete the plan fully. In these instances, the debtor may request a “hardship discharge”. To qualify for a “hardship discharge” the debtor must meet the following requirements:

Is Chapter 13 discharge a non-dischargeable debt?

Whereas in a Chapter 7 case it would be willful and malicious injury to a person. Chapter 7 Discharges may also include debts which include non-dischargeable tax obligations. As well as those debts involving property settlements in divorce and/or separation proceedings.

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.

What happens if you don't complete the test?

If you don't complete the test in a satisfactory manner or receive a score of less than 70%, the provider must communicate with you directly. For telephonic courses, the instructor must contact you either in person or by phone. For online courses, the communication can be by email, live chat, or phone.

Do you have to take a financial management course to file bankruptcy?

Therefore, in order for your debts to be discharged, you’ll be required to undergo a financial management course. These courses typically discuss how to effectively budget, make on-time payments, and responsibly take on any future debts.

Do you have to go through credit counseling before filing bankruptcy?

Bankruptcy courts are very careful to ensure that filers will not need to appear before them again. That’s why these courts require filers to undergo a number of requirements, including pre-filing credit counseling. Think of this mandatory counseling class as a prep course for your bright financial future. With the help of this course, you’ll understand just what behaviors and events sent you on the road towards a Chapter 13 bankruptcy. In the future, you’ll be able to identify these warning signs before they take a bite out of your finances.

Is Chapter 13 bankruptcy a personal bankruptcy?

Because a Chapter 13 bankruptcy is one of the more complicated versions of personal bankruptcies, staying on top of your debt discharge requirements is the best way to expedite the process.