When Do I Have to Complete the Debtor Education Requirement? Chapter 7 filers have 60 days after the 341 meeting of creditors to file the certificate. Chapter 13 filers must file the completion certificate before making the last Chapter 13 repayment plan payment. Keep in mind that missing the filing deadline is expensive.
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).
A chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor's property may be ...
master:2021-10-25_10-02-22. When bills pile up with no end in sight, bankruptcy can provide the relief you need. But many don't know how long it takes to file for bankruptcy and to discharge (wipe out) debt. The good news is that in most cases, a Chapter 7 bankruptcy discharges heavy debt within four months.
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...
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...
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...
If you file for Chapter 7 bankruptcy, you must take the debtor education course and file your certificate of completion (discussed below) with the...
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...
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...
When you complete the debtor education course, you must file a form called Debtor’s Certification of Completion of Postpetition Instructional Cours...
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).
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.
Yes, 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.
After filing a Chapter 7 bankruptcy, the court will assign you a case number and a bankruptcy trustee. The bankruptcy trustee’s job is to review your assets and your claimed exemptions and to manage your bankruptcy estate. At the end of the day, the trustee will be the one making sure creditors get their part of whatever disposable assets you have ...
Immediately after filing a Chapter 7 bankruptcy, a taxpayer can expect that an automatic stay on all collections efforts and legal proceedings (including foreclosure) will go into effect. This is a legal red light for creditors, collections companies, repossession companies, and other courts. It puts a pause on any efforts to collect on unpaid debts or overdue balances. While the bankruptcy automatic stay is in effect, creditors may not:
If you have worked with your attorney to file a Chapter 7 Bankruptcy, you will most likely only have to go to court once. That one time is the Creditor Meeting, also called a Section 341 Meeting. This is a hearing held by the bankruptcy trustee, and is more-or-less an interview with you under oath about your assets, debts, and financial circumstances. You will receive a notice that describes when and where you should attend the hearing. Your bankruptcy attorney or a representative from his firm will be with you the whole time.
Officially, creditors are also allowed to attend the Creditor Meeting and ask you questions about your debt. However, most of the time, they don’t do so. Instead, your Creditor Meeting will most likely be just you, your attorney, and the trustee.
After the Creditors Meeting is over, the Trustee will review all the assets in your case. You and your bankruptcy attorney will have already set aside specific property that is legally exempt from sale. This may include your home (up to a certain amount of equity), your vehicle, and your personal items. Once the trustee sets aside those items, he ...
If you do have non-exempt assets, these will be sold to satisfy part of your debt to your creditors. This property may be sold at auction to a third party. In some cases, you can also use your exempt finances to pay the cash value of important property, keeping it in the family after the bankruptcy is final.
The Bankruptcy Code says that before your bankruptcy can be discharged you need to take certain steps personally to make sure it won’t happen again. Anyone who files for bankruptcy is required to complete two programs:
Once completed, the average bankruptcy petition, including schedules and other required documents, will be between 35 and 50 pages. Completing the credit counseling course. If you're an individual bankruptcy debtor, you'll also need to take a credit counseling course from an approved provider.
You can take it as soon as you receive your bankruptcy case number. The certificate should be filed with the court no later than 60 days after the first 341 meeting of creditors date (more below). Otherwise, your case will get dismissed and you won't receive a discharge wiping out your debt. Providing 521 documents.
But many don't know how long it takes to file for bankruptcy and to discharge (wipe out) debt. The good news is that in most cases, a Chapter 7 bankruptcy discharges heavy debt within four months. Not only is the filing process quick, but unlike a Chapter 13 bankruptcy, qualified debtors (filers) don't make monthly payments to creditors over ...
The 341 meeting of creditors will be set at least three weeks after your filing date, but not more than 40 days later .
While it's possible that you could receive a discharge within as few as 82 days after filing your case, it would be unusual. The court usually needs an additional twenty days to accommodate scheduling and other procedural requirements.
For instance, if the trustee is selling assets that take time to liquidate, such as real estate, you can expect your case to remain open for up to an additional year or so after receiving the discharge. (Find out what happens after the court closes your matter in Life After Bankruptcy .)
The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. When bills pile up with no end in sight, bankruptcy can provide the relief you need. But many don't know how long it takes to file for bankruptcy and to discharge (wipe out) debt.
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.
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.
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.
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.
This has to be done in the 6 months before the case is filed.
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 ...
A Chapter 13 bankruptcy can last anywhere between 3-5 years and although you don’t need to complete it until sometime before your last plan payment, it's best to do it sooner rather than later so you don’t forget.
The average Chapter 7 bankruptcy petition is approximately 50 pages in length, so it shouldn't come as a surprise that you'll need a lot of information to complete the required forms. Being organized will help you complete the bankruptcy forms efficiently.
The court will want verification that the information provided in your petition is accurate and that you attended the required post-filing educational course. Here's a list of what you'll need:
You also must provide the trustee with any documentation reasonably necessary to investigate your filing. For instance, your trustee might want the following items: