Credit Counseling Is Required States Glenwood Bankruptcy Attorney

10/26/11

Pursuant to Section 109 of the Bankruptcy Code, debtors are required to take a credit counseling course prior to the filing of their case.  It must be done prior to be even eligible to file for bankruptcy.  It was passed in 2005 and was called the BAPCPA amendments that made bankruptcy much more complicated.  Under this, the debtors have to take a credit counseling course.  The idea behind it was that it would give debtors a time to reflect and choose their options.  As a practical matter, though, that’s not been the case.  As a practical matter, their credit counseling class is something of a joke.  It’s simply a hoop requirement for debtors to jump through.  The class usually lasts between 15 minutes and 2 hours, depending on where you take it.  It can be taken online, over the telephone, based on different kinds of providers.  It costs between $30.00 and $50.00.  It’s routine – I’ve never seen anyone ever fail it before.  It’s just a certificate.  The class is very, very straightforward.

 

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