Credit CounselingBefore You File for Personal Bankruptcy:
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 requires credit counseling before you file for personal bankruptcy. With limited exceptions, people who plan to file for bankruptcy protection must get credit counseling from a government-approved organization within 180 days before they file. They also must complete a debtor education course to have their debts discharged. In other words, you must do this at least one day before you file but not more than 180 days. Counseling and Education Requirements Pre-bankruptcy credit counseling and pre-discharge debtor education may not be provided at the same time. Pre-Bankruptcy Credit counseling must take place before you file for bankruptcy; Generally, you must file a certificate of credit counseling completion when you file for bankruptcy Post Bankruptcy Debtor Education must take place after you file bankruptcy and the certificate of completion of debtor education must be filed with the Court before you are granted a discharge of your debts. Only credit counseling organizations and debtor education course providers that have been approved by the U.S. Trustee Program may issue these certificates. To protect against fraud, the certificates are produced through a central automated system and are numbered. |
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Pre-bankruptcy Counseling
A pre-bankruptcy counseling session with an approved credit counseling organization will generally include an evaluation of your personal financial situation, a discussion of alternatives to bankruptcy, and a personal budget plan. A typical counseling session should last about 60 to 90 minutes, and can take place in person, on the phone, or online. If you cannot afford to pay a fee for credit counseling, you should request a fee waiver from the counseling organization before the session begins. Otherwise, you may be charged a fee for the counseling, which will generally be about $30 to $40. We will provide you names of various credit counseling organizations that provide these services. The counseling organization is required to discuss any fees with you before starting the counseling session. |
Post-Filing Debtor Education
A debtor education course by an approved provider will include information on developing a budget, managing money, using credit wisely, and other resources. Like pre-filing counseling, debtor education may be provided in person, on the phone, or online. The debtor education session might last longer than the pre-filing counseling – about two hours – and the typical fee is between $35 and $75. As with pre-filing counseling, if you are unable to pay the session fee, you should seek a fee waiver from the debtor education provider. Once you have completed the required debtor education course, you should receive a certificate as proof. This certificate is separate from the certificate you received after completing your pre-filing credit counseling. It must be obtained and filed with the Court before you will be granted a discharge. If you do not obtain the post filing debtor education and your case is fully administered and closed, the Court will not grant a discharge unless you pay another filing fee and have case reopened. |
Bankruptcy Courses
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Others available: InCharge www.PersonalFinanceEducation.com First Course = 30.00 (internet only) First Course 50.00 (if by phone) Second Course 25.00 (internet or phone) Abacus Credit Counseling www.AbacusCC.org First Course = 25.00 for internet (35.00 if by phone) Second Course = 35.00 for internet (45.00 if by phone) |
Terry D. Bigby, Attorney at Law, 429 S. Muskogee, Tahlequah, OK 74464
918-465-1782 or 800-699-5893
Practices as an Oklahoma Bankruptcy Attorney
Licensed in Tulsa Bankruptcy Court and other Oklahoma Bankruptcy and State Courts
918-465-1782 or 800-699-5893
Practices as an Oklahoma Bankruptcy Attorney
Licensed in Tulsa Bankruptcy Court and other Oklahoma Bankruptcy and State Courts