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West Palm Beach Bankruptcy & Business Attorneys > > Bankruptcy Attorneys > Do I Need Credit Counseling For Bankruptcy?

Do I Need Credit Counseling For Bankruptcy?

Questions

Anyone who is planning to file for bankruptcy may have heard about credit counseling requirements, or certain educational course requirements for bankruptcy. You may be wondering if these kinds of requirements will apply to your case, and you might also be concerned that taking one or more of these types of courses will prove daunting. It is important to get in touch with a bankruptcy attorney who can discuss the specific requirements with you for your planned bankruptcy case. Depending upon the type of bankruptcy you are considering, you will often need to complete a particular course prior to filing, as well as another course before you can receive a bankruptcy discharge. You should know ahead of time that these requirements are not nearly as daunting as they might sound, and it can be relatively easy to complete these requirements once you know what you will need to do. Consider the following information from an experienced West Palm Beach bankruptcy attorney who can help you with your case.

Credit Counseling Requirement Before You File for Bankruptcy 

The credit counseling requirement must be completed before you file for bankruptcy. This is required for all individual bankruptcy filers regardless of the type of bankruptcy you are filing. The credit counseling must be through a service that has been approved by the United States Trustee, and you can specifically search for an approved credit counseling service through the U.S. Department of Justice.

You must complete the credit counseling requirement within 180 days prior to your bankruptcy filing. Once you file for bankruptcy, you will submit certification of your completion of credit counseling. You typically must submit that certification within 14 days from the date of filing your bankruptcy petition.

Debtor Education Requirement After You File for Bankruptcy and Before Your Discharge 

Once you have filed for bankruptcy, you will need to complete a debtor education course. Once you complete the course, you will submit this certification. For most debtors, the certificate of completion must be filed within 60 days from the date of the meeting of creditors.

Certain Requirements Apply in Chapter 11 and Chapter 12 Cases for Individuals 

Many business owners file for bankruptcy under Chapter 11 or Chapter 12. If your business is planning to apply for Chapter 11 or Chapter 12 bankruptcy, your business or a representative from the business will not be required to complete the credit counseling or debtor education requirements. However, under any chapter that is available to individuals, when an individual does file for bankruptcy under one of these chapters, then that individual will be required to complete the credit counseling requirement prior to filing for bankruptcy. Further, in certain individual Chapter 11 cases where section 1141(d)(3) is applicable to the case, the debtor may be required to complete the debtor education requirement.

Contact a Bankruptcy Attorney in West Palm Beach 

If you have any questions about credit counseling or debtor education requirements in your bankruptcy case, you should seek advice from an attorney as soon as possible to ensure that you meet any requirements that are necessary for your bankruptcy case. An experienced West Palm Beach bankruptcy attorney at Kelley, Fulton, Kaplan & Eller can discuss your case with you today.

Sources:

justice.gov/ust/list-approved-providers-personal-financial-management-instructional-courses-debtor-education

uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-11-bankruptcy-basics

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