Credit Counseling For Bankruptcy: What Are The Requirements?

Published on August 20, 2020 by J. Andrew Meyer

Credit Counseling For Bankruptcy: What Are The Requirements?

Successfully filing and navigating the bankruptcy process requires the completion of a number of steps. Most people are aware of the initial filing and the meeting of creditors requirements. However, due to recent changes in bankruptcy law, completing several additional steps are now necessary before the court will grant a discharge. As of 2005, in most cases the law requires credit counseling courses to be completed by the debtor before filing and again prior to discharge. These are two separate courses with different and distinct purposes. Here’s more on both courses including what you’ll need to know in order to fulfill these requirements.

Pre-Bankruptcy Credit Counseling

For both Chapter 7 and Chapter 13, you must prove that you underwent credit counseling from an agency that is certified by the United States Trustee’s office. This must be done at least 180 days before you file for bankruptcy. A list of approved courses is available at the DOJ’s website. The purpose of pre-bankruptcy credit counseling is to determine whether filing for bankruptcy is the best option for you. Some debtors realize after taking the pre-bankruptcy credit counseling course that simply negotiating with their creditors may be a better fit for their financial goals. The course provides crucial information on the bankruptcy process and makes recommendations on how to best move forward.

Post-Bankruptcy Debtor Education

Much like pre-bankruptcy credit counseling, post-bankruptcy debtor education is also required for most bankruptcy filers. Proof of completion must be submitted to the court before any of your debts can be discharged. Specifically, the certificate must be filed with the court within 60 days of the first meeting of creditors. Failure to submit the certificate may result in dismissal of your bankruptcy case. Unlike the pre-bankruptcy credit counseling, the post-bankruptcy education is meant to give you strategies on how to avoid the financial pitfalls that lead to bankruptcy. Things like how to create and stick to a budget and tips on reestablishing your credit are covered in this course. The DOJ’s website also includes a list of approved post-bankruptcy education courses throughout the United States.

Florida Bankruptcy Attorneys

Both pre and post-bankruptcy education courses have fees that must be paid. As always, if you are considering filing for bankruptcy or you have filed and are looking for additional guidance, it is important for you to contact an experienced bankruptcy attorney to help you through this process. The Bankruptcy Team, PLLC is devoted to helping clients resolve their financial issues through bankruptcy, foreclosure or other viable means so that they can get the fresh start that they are entitled to. We are here for you. Our experienced bankruptcy attorneys will thoroughly review your situation with you and will position sound solutions which fit your unique needs. To consult with The Bankruptcy Team, PLLC, call or contact us today.

J. Andrew Meyer

Andrew Meyer was born in Deland, Florida, in 1970. He graduated with an International Baccalaureate Degree from St. Petersburg High School in 1988, and attended the University of Florida, graduating in 1991 with a degree in Economics awarded with High Honors. Mr. Meyer also attended law school at the University of Florida, receiving his juris doctorate degree in 1995. While at the University of Florida, Mr. Meyer was inducted into Florida Blue Key and Phi Beta Kappa. Mr. Meyer was first trained as a lawyer by Richard T. Earle, Jr., and thereafter worked at the Attorney General's Office for the State of Florida in the Bureau of Criminal Appeals before becoming a senior staff attorney for the Florida Second District Court of Appeal. Mr. Meyer also served as a law clerk to the Honorable Chris W. Altenbernd, Retired, at the Second District Court of Appeal. Following his time at the Second DCA, Mr. Meyer worked at Carlton Fields, focusing his practice on appellate matters. In 2004, Mr. Meyer became an advocate for consumers as a partner at James Hoyer, and then later moved to Morgan & Morgan's class action department in 2009.

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Credit Counseling For Bankruptcy: What Are The Requirements?