Bankruptcy: Credit Counseling and Education Course Requirements

 Posted on March 03, 2023 in Bankruptcy Procedure

If you choose to file for bankruptcy, an attorney can complete most of the “heavy lifting” legal tasks associated with this process on your behalf. However, there are a few items on any bankruptcy to-do list that can only be completed by individual filers.

For example, you will be required to complete both a pre-bankruptcy credit counseling course and a pre-discharge debtor education course as elements of your bankruptcy filing. While an attorney can advise you regarding when you should complete each mandatory course, how to sign up for each course, and what you may want to pay particular attention to while participating, you will ultimately be responsible for accomplishing these steps in the bankruptcy process.

Pre-Bankruptcy Credit Counseling

It is easy to think about a bankruptcy case truly beginning when someone files their initial bankruptcy paperwork with the court. After all, that is when the protection of the automatic stay kicks in and the court begins considering the merits of a filer’s petition.

However, it takes time and effort to get to this point. A filer needs to gather all relevant financial documentation, meet with an attorney, support the attorney’s efforts to prepare their petition, and complete their pre-bankruptcy credit counseling course before their case can be filed with the court.

The purpose of the pre-bankruptcy credit counseling course is to better ensure that potential filers understand their rights, their options, and what they are committing to. This counseling session can potentially be completed online or in person, but either way, your participation will only be recognized by the court if you participate in a session offered by a provider that has been approved by the U.S. Trustee Program.

When you have completed the requisite course, you will receive a certificate of completion that will need to be filed with your bankruptcy petition. You can attend your pre-bankruptcy credit counseling course at any time within 180 days before you file your case with the court.

Pre-Discharge Debtor Education

Your second-course requirement will need to be completed after you file for bankruptcy but before the court wraps up your case. The purpose of this course is to teach filers financial management strategies that will help to better ensure that they will not need to file for bankruptcy again any time soon. This course must also be taken via a provider that has been approved by the U.S. Trustee Program.

Contact a Dedicated San Antonio Personal Bankruptcy Lawyer Today to Learn More

It is not always easy to keep the various steps in the bankruptcy filing process straight. Thankfully, Attorney McGhee is a proactive San Antonio, TX bankruptcy lawyer at Law Offices of Chance M. McGhee who understands what needs to be done – and when – so that filers can present a successful case to the court.

To learn more about what the bankruptcy filing process entails, you can schedule a consultation at no cost by calling 210-342-3400 or filling out a contact form on our website. You do not have to navigate the complexities of the bankruptcy filing process alone. We are here to help and we look forward to speaking with you.

Source:

https://www.uscourts.gov/services-forms/bankruptcy/credit-counseling-and-debtor-education-courses