what online course do i have to do when filing for bankruptcy

Full Answer

What courses will I have to take when I file 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 to file bankruptcy online for free?

How to File for Bankruptcy Online 1 Make Sure You Are Eligible. ... 2 Take the Means Test. ... 3 Receive Credit Counseling. ... 4 Fill Out Bankruptcy Forms. ... 5 File a Petition. ... 6 Attend a “341” Creditors’ M ... 7 Attend a Financial Manageme ...

Where can I find pre-filing bankruptcy classes and certificates?

A: Access Counseling Inc. is authorized to offer pre-filing bankruptcy classes and certificates in all the states except North Carolina. BKClass Inc. can offer the post-filing debtor education bankruptcy classes and certificates in all states except Alabama and North Carolina.

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

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).

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 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.

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.

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 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 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.

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.

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.

How long does it take to get bankruptcy counseling?

You are required to enroll in bankruptcy credit counseling from an approved agency like InCharge Debt Solutions and complete the course within six months of filing for bankruptcy. The court requires you to have a certificate showing you’ve passed the course before it will allow you to file for bankruptcy.

How much debt do you need to file for bankruptcy?

To be eligible for Chapter 13 bankruptcy, an individual’s unse cured debt must be less than $419,275 and secured debts of less than $1,257,850. 2. Take the Means Test. This is a form that measures an individual’s income, expenses and household size to determine whether they can afford their debts.

What does ECF mean in bankruptcy?

ECF stands for Electronic Case Files, and is a way documents are filed online with courts. However, the average person must take classes and be ECF certified and approved by the court to file that way. Attorneys are ECF certified; the average consumer is not. For most of us, that means finding the location of your bankruptcy court ...

How many bankruptcy cases were filed in 2019?

It might pay to know that if you’re struggling with debt you are far from alone. Bankruptcy filings have been cut in half since Great Recession, but 752,160 cases still were filed in 2019 and that number is expected to rise in 2020.

How many people filed for bankruptcy in 2020?

Types of Online Bankruptcy. It might pay to know that if you’re struggling with debt you are far from alone. More than half a million of us filed for bankruptcy in 2020. While that number is high, total bankruptcies actually dropped 29.7% from 2019.

What is the most common bankruptcy in 2020?

Chapter 7 bankruptcy is the most commonly used form of bankruptcy, accounting for approximately 69.6% of cases in 2020. An individual asks the bankruptcy court to wipe out unsecured debts like credit cards, medical bills and maybe personal loans.

What happens if you file Chapter 7?

With Chapter 7, the court will appoint a trustee to meet with you and sell your non-exempt property. Any property deemed necessary (home, car, clothing, work-related property, pensions) will be safe, though your house can be foreclosed on and your car repossessed if you miss loan payments.

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

Take Credit Counseling. Every person who files for bankruptcy has to take a credit counseling course in the 6 months before their bankruptcy petition is filed with the court. This is a requirement in both Chapter 7 and Chapter 13 cases.

How often can you file for bankruptcy?

You can file bankruptcy under Chapter 7 once every 8 years . Chapter 13 bankruptcy is another type of bankruptcy available to consumers. The main difference to Chapter 7 is that you pay back some of your debts through the Chapter 13 trustee. Your monthly payment is based on how much you’re able to pay.

How much does it cost to file for bankruptcy?

The federal court charges a filing fee of $338 for a Chapter 7 bankruptcy. This amount is typically due when the bankruptcy petition is filed with the court. If you don’t have the funds to pay the filing fee now, you apply to pay your fee in installments, after your case has been filed.

How many pages are there in bankruptcy?

The bankruptcy forms include at least 23 separate forms, totaling roughly 70 pages . The bankruptcy forms ask you about everything you make, spend, own, and owe. You’ll also include some bankruptcy basics, like what type of bankruptcy you’re filing under and whether a bankruptcy lawyer is helping you.

How many monthly payments can you make in bankruptcy?

You can ask to make up to 4 monthly payments. If paying in installments isn’t even possible, you can submit another form to apply for a fee waiver. To qualify, your total household income must be under 150% of the federal poverty line. The court will decide whether bankruptcy laws support granting you a waiver.

How long does it take to rebuild credit after bankruptcy?

Either way, once granted permanent debt relief in the form of the bankruptcy discharge, most people are able to rebuild their credit score in less than one year. Collect Your Documents.

What is Chapter 7 bankruptcy?

Chapter 7 bankruptcy is a very effective tool for erasing credit card debt, medical debts, and most other unsecured debt. Although Chapter 7 is a liquidation bankruptcy, filers are able to keep all their property in more than 90% of all consumer bankruptcy cases in the United States.

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 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 ...

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.

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.

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.

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 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.

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

You'll prove that you've taken the credit counseling course by filing the certificate of completion along with your bankruptcy paperwork (no later than 15 days after your bankruptcy filing date). You'll also receive a copy of any repayment plan you may have worked out with the agency.

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.

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.

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).