when filing bankruptcy what course is necessary

What is pre discharge debtor education?

About Pre-Discharge Education It prevents creditors or collection agencies from collecting debts through legal action or communication, such as phone calls, letters or personal contact.

Why do you think the law requires a debtor to receive credit counseling prior to being allowed to file for bankruptcy?

Why You Must Take Pre-Bankruptcy Credit Counseling Counseling is required even if it's pretty obvious that a repayment plan isn't feasible (that is, your debts are too high, and your income is too low) or you are facing debts that you find unfair and don't want to pay.

What are the options for filing bankruptcy?

If you decide to file for bankruptcy, you have two basic options: Chapter 7 and Chapter 13. A Chapter 7 bankruptcy will sell off many of your assets to pay your creditors. In a Chapter 13 bankruptcy, you keep the assets but must repay your debts over a specified period.

Is filing bankruptcy stressful?

Filing bankruptcy can stir up many stressful or negative emotions. Your sense of self, security, and worth are often closely tied to financial circumstances. Loss of money can feel like a personal loss of identity, self-esteem, and confidence.Jun 30, 2021

What are the disadvantages of filing for bankruptcy?

Bankruptcy: Advantages and DisadvantagesDISADVANTAGESADVANTAGESBankruptcy will lower your credit until you work to rebuild itMissed debt payments, defaults, repossessions, and lawsuits will hurt your credit - bankruptcy can often be the easier option9 more rows•Apr 19, 2021

Which is better Chapter 7 or Chapter 13?

Most consumers opt for Chapter 7 bankruptcy, which is faster and cheaper than Chapter 13. The vast majority of filers qualify for Chapter 7 after taking the means test, which analyzes income, expenses and family size to determine eligibility.

What bankruptcy clears all debt?

Chapter 13 bankruptcy eliminates qualified debt through a repayment plan over a three- or five-year period. Chapter 7, Chapter 11 and Chapter 13 bankruptcies all impact your credit, and not all your debts may be wiped out.Jun 2, 2021

What are the four types of bankruptcies?

In fact, there are six different types of bankruptcies:Chapter 7: Liquidation.Chapter 13: Repayment Plan.Chapter 11: Large Reorganization.Chapter 12: Family Farmers.Chapter 15: Used in Foreign Cases.Chapter 9: Municipalities.Feb 3, 2022

What debts are not discharged in bankruptcy?

Other Non-Dischargeable Debts in Bankruptcy 401k loans. Other government debt such as fines and penalties. Restitution for criminal acts. Debt arising from fraud or false pretenses.Nov 2, 2020

How can I survive after bankruptcy?

What to do after filing for bankruptcySave all paperwork from your bankruptcy case. ... Start saving money and build a budget. ... Reestablish good credit. ... Regularly monitor your credit reports. ... Maintain your job and home. ... Make an emergency fund. ... Think of your financial future.Sep 22, 2021

Can debts be written off due to mental illness?

Some creditors may allow individuals who suffer from long-term health issues or disabilities to write off their debts. The easiest way to see if this is an option is to call the creditor's office and ask.Apr 15, 2022

Can debt make you depressed?

Having debt significantly increases the likelihood of depressive symptoms. Furthermore, indebtedness is associated with the presence of anxiety and significantly lower scores on the General Health Questionnaire 12. In other words, the greater the debt burden, the greater the psychological distress.Apr 30, 2021

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...

Step 1: Credit Counseling Certificate

Before filing for bankruptcy, a Credit Counseling Certificate issued by an agency approved by the Executive Office of U.S. Trustees (EOUST) is a requirement. The Credit Counseling can be completed online or by phone and will then be reviewed by a counselor before a certificate is issued. The online option is $24.99 and $34.99 by phone.

Step 2: Debtor Education Certificate

After filing for a Chapter 7 or Chapter 13 bankruptcy and before your debts can be discharged in bankruptcy, a Debtor Education Certificate is also required. The Debtor Education Course can be completed online for $21.99 or for $34.99 by phone.

Have Questions?

Our counselors will be happy to answer any questions you may have. We’re available Monday – Thursday from 9am to 8pm EST and Friday and Saturday from 9am to 6pm EST by calling (800) 435-9138.

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 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.

Is Access Counseling approved by the EOUST?

A: Yes. Both Access and BKClass Inc. have been approved by the Executive Office for the United States Trustees (EOUST). Back to top. Q: In what states are Access Counseling Inc. (Access) and BKClass Inc. authorized by the Executive Office for the United States Trustees ( EOUST ) to issue certificates that satisfy the court requirements ...

Filers in Alabama and North Carolina

Filers in All Other States and Territories

• 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 that have been approved by the U.S. Trustee Program may issue these certificates for filers in all states and territories except for Alabama...

See more on uscourts.gov

Approval Process For Credit Counseling and Debtor Education Courses