Among the new requirements introduced by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, were the requirements that every debtor seeking to file for bankruptcy protection complete the pre-filing bankruptcy debtor credit counseling course offered by numerous new US Trustee-approved course providers.
The new requirements mandate that consumer debtors must complete one of these US Trustee approved programs of "Credit Counseling" prior to filing either Chapter 7 or Chapter 13 bankruptcy. Your bankruptcy attorney must receive a copy of the course completion certificate prior to filing your bankruptcy and file this certificate along with your Chapter 7 or Chapter 13 bankruptcy petition to the US Bankruptcy Court or face a motion to dismiss your case for failure to file such a pre-filing bankruptcy credit counseling certificate.
In addition, prior to obtaining a bankruptcy discharge, the debtor must also complete a subsequent course of "Debtor Education" purportedly aimed at teaching the average consumer how to handle consumer credit and debt. Whether such debtor education will curb future bankruptcies is of course subject to debate.
Just as with the pre-filing credit counseling, prior to obtaining a bankruptcy discharge, one must file a pre-discharge "debtor education" certificate filings in order to obtain the discharge and complete the bankruptcy filing.
For a detailed explanation of both pre-filing and pre-discharge counseling and debtor education course requirements please visit our website which includes links to the US Trustee approved course providers.
Always seek the advice of a licensed and experience bankruptcy lawyer when considering whether to file for bankruptcy protection.
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