With the new law passed in 2005 in regards to the filing of chapter 7 bankruptcy, it became law that anyone filing must first get pre-bankruptcy debt counseling.
The debtor must get counseling and certification from a non-profit credit-counseling agency before the forms can be filed for your bankruptcy.
This usually entails one or more counseling sessions and when completed, certification so you can proceed with the bankruptcy filing.
There is work you need to do even before you get your pre-filing credit counseling certification. There are forms you will need to have filled out during your sessions.
One is the income certification form. This exposes your income and includes a fee schedule. There is also a budget form that will need to be filled out. It is pretty self-explanatory.
With these forms complete, and your certification now complete, you will need the non-profit credit counselor to fill out your affidavit and agreement for credit counseling. Your attorney, along with a copy of your state ID, must also notarize this form.
All of these forms must be presented to the court clerk before you begin to file your bankruptcy paperwork along with a notable fee.
Many companies offer this service not only in their office, but also online with one-on-one telephone counseling sessions. Once you have completed these steps, you are ready to file the paperwork with your bankruptcy court.
Be prepared though because following the court process, there will be another counseling session you must attend. This time it is a financial planning session, which will help you get back on track to a financially better future.
October 19th, 2008 at 10:34 am
Be prepared though because following the court process, there will be another counseling session you must attend ?
When you say must do you mean the court will insist?
January 4th, 2009 at 7:28 am
Is it actually independent ‘counseling’? I worry about the use of the word counseling nowadays it’s so abused! It’s good that people have to have it but unless it’s independent and provided by properly qualified staff it might be just a sales pitch or and information session.
March 15th, 2009 at 4:04 am
Personally I am glad that counseling and education is tied to the process. A lack of education in how to handle one’s finances is at the root of many bankruptcies. It is a responsible requirement.
September 25th, 2009 at 2:41 pm
Many companies offer this service not only in their office