when do you take the pre discharge bankruptcy course

The Pre-Discharge Debtor Education Requirement in Bankruptcy You must take a debtor education course after you file bankruptcy but before you get a discharge in your Chapter 7 or Chapter 13 bankruptcy

. By Cara O'Neill, Attorney

Full Answer

When do I have to take the debtor education post bankruptcy class?

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 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.

Do I need to complete pre-bankruptcy and pre-discharge debtor education?

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.

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

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 names, including the …

Which credit counseling course do I take when I file bankruptcy?

Nov 09, 2021 · 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: Preparing a budget; Money management

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.

What is pre-bankruptcy?

The pre-bankruptcy income tax return covers the period from January 1st up to the date you file for bankruptcy – any money owing to CRA under this return will be included in the bankruptcy, along with any other prior year balances not paid at the date of your bankruptcy.

What is a bankruptcy discharge order?

The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls, letters, and personal contacts.

How long after bankruptcy is discharged?

For most filers, a Chapter 7 case will end when you receive your discharge—the order that forgives qualified debt—about four to six months after filing the bankruptcy paperwork. Although most cases close after that, your case might remain open longer if you have property that you can't protect (nonexempt assets).

What are 5 dischargeable debts?

Five Dischargeable Debts in a Chapter 7 BankruptcyCredit Card Debt. ... Personal Loans. ... Medical Bills. ... Vehicle Repossessions and Deficiency Balances. ... Mortgages and Foreclosure Balances. ... Seek Bankruptcy Debt Relief with a Qualified North Carolina Bankruptcy Lawyer.

What debts Cannot be discharged in bankruptcy?

8 Kinds of Debt You Can't Lose in BankruptcyMost back taxes and customs. ... Child support and alimony. ... Student loans. ... Home mortgage and other property liens. ... Debts from fraud, embezzlement, larceny, or from “willful and reckless acts” ... Your car loan, if you want to keep your car. ... Debt that doesn't belong to you.More items...

How will I know when my bankruptcy is discharged?

The bankruptcy is reported in the public records section of your credit report. Both the bankruptcy and the accounts included in the bankruptcy should indicate they are discharged once the bankruptcy has been completed. To verify this, the first step is to get a copy of your personal credit report.Aug 6, 2018

What happens after your Chapter 7 is discharged?

A Chapter 7 case will remain open after the discharge if the Chapter 7 trustee appointed to the matter needs additional time to sell assets or if the case involves litigation.

Can I get an 800 credit score after bankruptcy?

Many people are afraid of what bankruptcy will do to their credit score. Bankruptcy does hurt credit scores for a time, but so does accumulating debt....Bankruptcy Affects High Credit Scores More Than Low Credit Scores.ScoreAverage Drop in Credit ScoreExcellent (850-800)200 pointsVery Good (740-799)200 points3 more rows•Jun 30, 2021

Can I buy a house with a bankruptcy on my record?

Mortgages. As previously stated, there is no waiting-time requirement before applying for a mortgage after you have been discharged from bankruptcy. However, the more time that has passed since your bankruptcy, and the better your current credit rating, the more likely that you will be approved for a mortgage.

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...

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.

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.

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.

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.

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.

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 is the bankruptcy law?

This act was signed into law on April 20, 2005, and includes checks and balances to ensure that consumers are equipped to make informed decisions when it comes to filing 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 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 is bankruptcy administrator?

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. The bankruptcy administrator program is separate from the U.S.

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 ...

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.".

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:

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.".

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 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.

How long do you have to take pre bankruptcy?

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 ...

What is a bankruptcy certificate?

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

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 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 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 .

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 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.