What to Know About Bankruptcy Course Requirements
If you are planning to file for consumer bankruptcy in West Palm Beach or elsewhere in South Florida, it is essential to know that you will need to fulfill two separate educational course requirements in order to have your eligible debts discharged. Indeed, there are two separate courses that are necessary: first, a credit counseling course, and later on, a debtor education course. These two courses might sound like the same thing, but they are distinct from one another and both are necessary. In addition, there are specific timing requirements for the courses, along with other details that you need to know. Our bankruptcy attorneys in West Palm Beach are here to help. Consider the following information about the courses required for your bankruptcy case.
First Requirement: Credit Counseling Course
The first of the two educational course requirements that are necessary for consumers filing for bankruptcy is the credit counseling course. This course is sometimes known as the pre-filing credit counseling course because you are required to complete it prior to the date that you file your bankruptcy petition. You will need a completion certificate from the course that you will file along with your bankruptcy petition and required schedules. The course can be taken remotely, and you can find a list of approved agencies that offer the course through the United States Trustee Program (USTP) website.
If you are considering a bankruptcy filing that involves business debt, you should know that the credit counseling course is also required for people who have debts that are primarily business debts. As the US Department of Justice underscores, “every person who files for bankruptcy must obtain credit counseling, including people with primarily business debts.”
Second Requirement: Debtor Education Course
The second course requirement is the debtor education course. This course is sometimes described as the pre-discharge debtor education requirement. We want to be clear that you cannot take this course at the same time as the credit counseling course discussed above. The credit counseling class must be completed prior to your bankruptcy filing, and the debtor education course must be completed after your bankruptcy filing (but prior to discharge). The specific date by which you must take this course depends on the type of bankruptcy you are filing for—Chapter 7 bankruptcy requires the course be finished within 45 days of the date that the 341 meeting of creditors was scheduled, while reorganization bankruptcy deadlines for the debtor education course depend on the repayment plan dates.
Contact a West Palm Beach Bankruptcy Lawyer Today
Consumer bankruptcy cases have very specific requirements under US bankruptcy law, so it is essential to work with an experienced West Palm Beach bankruptcy attorney at Kelley, Fulton, Kaplan & Eller who can ensure that you meet all requirements. Whether you have questions about the courses you must take to receive a bankruptcy discharge or you need more general information about getting started on a bankruptcy case, our firm is here to help. Contact us today to learn more about the services we provide to individuals and businesses alike in South Florida bankruptcies.
Sources:
law.cornell.edu/uscode/text/11
justice.gov/ust/frequently-asked-questions-faqs-credit-counseling
