Credit Counseling when Filing Bankruptcy
Sacramento Bankruptcy Attorney Discusses Credit Counseling Within a Bankruptcy
Pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, in order to file an individual bankruptcy, you must obtain credit counseling from a government-approved organization within 180 days before filing. Furthermore, in order to receive your discharge, you must also receive a debtor education course during the course of the bankruptcy. While there are extremely limited exceptions to both courses in certain situations such as exigent circumstances or the U.S. trustee’s determination that there are insufficient credit counseling agencies available, for the most part all people who intend to file bankruptcy must comply. The two courses also cannot be taken at the same time.
In the initial course, an evaluation of the individual’s personal financial situation should be conducted, as well as a discussion of possible alternatives to bankruptcy including the formulation of a personal budget plan. Typically, this course runs anywhere between 60 to 90 minutes and can be completed in person, on the phone or online. The fee is somewhere in the neighborhood of $50.00 although if you cannot afford to pay this, you should request a fee waiver from the counseling organization before the session begins. Upon completion of the course, the credit counseling organization should issue you a certificate which must be submitted to the Court prior to or in conjunction with your bankruptcy filing.
The second course in the bankruptcy process is a debtor education course which should cover topics such as developing a budget, managing your finances as well as using credit wisely. As with the credit counseling course pre-filing, this course may be taken in person, on the phone or online with an approved provider. The duration and cost is roughly the same as the first course with the possibility of requesting a fee waiver in advance if you are unable to afford it. And as with the first course, you should receive a certificate upon completion of this course.
If you have questions regarding Bankruptcy in Sacramento please contact us at (916) 492-6020 in Sacramento or (916) 724-1690 in Roseville for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced Sacramento Bankruptcy Attorneys. After you have spoken with one of our Sacramento bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of Sacramento Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or legal debt settlement case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, Sacramento and Roseville!
