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Credit Counseling and Debtor Education
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Pre-bankruptcy Credit Counseling Requirement
This requirement involves receiving counseling from an approved agency within 180 days before filing for bankruptcy. It intends to provide debtors with financial education and an assessment of their financial situation.
Credit Counseling Certificate
After completing the pre-bankruptcy credit counseling, the debtor must obtain a certificate as proof which must be filed with the bankruptcy petition.
Debtor Education Course Requirement
Debtors are required to attend a debtor education course after filing for bankruptcy but before debts are discharged. The course focuses on financial management skills.
Timing of Debtor Education
The debtor must complete the debtor education course after filing for bankruptcy but prior to the discharge. If it's not completed, the bankruptcy discharge may be denied.
Exemptions from Credit Counseling
In certain situations, debtors may be exempt from the pre-bankruptcy credit counseling requirement, such as when there is an emergency filing or lack of approved agencies offering services.
Joint Filing Counseling
When spouses file for bankruptcy jointly, they both must individually complete the credit counseling and debtor education requirements.
Fee Waivers for Counseling and Education
If a debtor is unable to afford the counseling or debtor education fees, they may apply for a fee waiver or a reduced fee, based on their income and financial situation.
Debtor Education Certificate
Similar to credit counseling, after completing the debtor education course, a certificate must be obtained and filed with the court to have debts discharged.
Approved Agencies
The U.S. Trustee Program approves credit counseling agencies and debtor education course providers. Debtors must use these approved agencies to fulfill the requirements.
Filing Without Credit Counseling
If a debtor files for bankruptcy without completing pre-bankruptcy credit counseling, the case may be dismissed or the debtor may need to seek an exemption from the requirement.
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