When Congress enacted new bankruptcy laws in 2005 entitled the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), one provision of the new law was that creation of mandatory credit counseling and debt education courses. Debtors are now required to complete these courses prior to filing bankruptcy and prior to receiving a bankruptcy discharge.
While some individuals may see these courses as just another way to make money for businesses or as a way to discourage debtors from seeking bankruptcy relief. In reality, the cost is very low for these courts (some as low as $10 per course) and some companies offer financial assistance to individuals who qualify. However, there are advantages of taking the mandatory credit counseling and debt education courses.
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Mandatory Credit Counseling
Prior to filing a bankruptcy, each debtor must now complete a mandatory credit counseling course from an approved company. The company must be on the approved list published by the United States Trustee and the debtor must file the certificate of completely with the bankruptcy court when they file their bankruptcy petition.
The mandatory credit counseling course is actually a great way for debtors to compile the information they will need to complete their bankruptcy forms because much of the information that is used to complete the mandatory credit counseling course is used in preparing bankruptcy schedules.
The credit counseling course requires that the debtor spend some time reviewing and examining his or her income and expenses as well as the debts owed by the debtor. This helps the debtor recall information that he or she may have forgotten while dealing with the frustration and anxiety of overwhelming debt problems. Mandatory credit counseling may also reveal other debt solutions in addition to bankruptcy that the debtor may wish to discuss with your Burlington County bankruptcy lawyer prior to making your financial decision to file bankruptcy.
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Debt Education Courses
Debt education courses are required to be completed before a debtor can receive a bankruptcy discharge. This is a very important step because a discharge is the goal of filing a bankruptcy case. If the debtor fails to complete the debt education course prior to the deadline, the bankruptcy discharge will be denied and the debtor will continue to owe each of the debts listed in the bankruptcy.
The material in the debt education course is designed to give the debtor the tools, education and resources necessary to begin to rebuild their finances for their future. It teaches the debtor about wise money management principles, creating and maintaining a budget and tips for using credit wisely. Debtors who view this course seriously can learn valuable information and tips for rebuilding their credit and turning their fresh start into a strong financial base.
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Schedule a Free Consultation with an Experienced Southern New Jersey Bankruptcy Attorney
Travis J. Richards focuses his law practice on bankruptcy, debt consolidation and credit repair. We are committed to helping individuals and families who are suffering with the effects of a financial crisis. To make it easy for you to get information about bankruptcy and debt solutions, we offer free bankruptcy consultations during normal business hours as well as on weekends and after-hours.
Call The Law Office of Travis J. Richards, LLC in Mount Holly at 609-267-5297 or use our convenient online contact form to schedule an appointment today.