Pre-Filing Credit Counseling and Post-Filing Debtor Education
Before you can file a Chapter 7 or Chapter 13 bankruptcy, you must complete an individual or group credit counseling session with an approved organization. Pre-filing counseling sessions, which last about 60 to 90 minutes, include an evaluation of your personal financial situation, a discussion of alternatives to bankruptcy, and the creation of a personal budget plan.
Before you can obtain a discharge of your debts under Chapter 7 or Chapter 13, you must attend a debtor education course in personal financial management provided by an approved organization. The course, which takes about two hours, includes information on developing a budget, managing money, and using credit wisely.
You may fulfill both educational requirements by attending in person, by phone, or online. A list of approved organizations is available at the bankruptcy clerk’s office for the district where you will file and online at http://www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm . (If you plan to file in Alabama or North Carolina, go to http://www.uscourts.gov/bankruptcycourts/approvedagencies.html .) The organizations are allowed to charge a reasonable fee, but must provide the services free of charge if you cannot afford to pay.
Generally, pre-filing credit counseling and post-filing debtor education may not be provided at the same time. Credit counseling must take place before you file for bankruptcy; debtor education must take place after you file and before your debts are discharged. In rare circumstances, some persons may be excepted from these educational requirements. For more information about choosing a credit counseling organization, go to http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre41.shtm






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