Credit Counseling in Bankruptcy

 

What is the Credit Counseling Requirement in Bankruptcy?

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 requires most debtors, who's debts are primarily consumer debts, to get a Certificate of Credit Counseling from a government-approved organization within 180 days before they file their petition. Sometimes people are able to get a temporary waiver of this requirement if prior to the filing of the petition, they requested credit counseling services from an approved agency, but were unable to obtain the services during the five-day period following their request. They must also obtain a credit counseling briefing within thirty days of the filing of their petition.

What is the Financial Management Requirement in Bankruptcy?

The Bankruptcy Code requires Debtors who's debts are primarily consumer debts to complete an approved Financial Management Course before they can get a discharge. This requirement is intended to help people learn how to manage their money to prevent future bankruptcy filings.