Archives for September 2012

Required Debtor Education

Once your bankruptcy has been filed you (and your spouse if you file jointly) are required to take a course in “Debtor Education” from an approved agency before you will receive your discharge. A List of the approved Debtor Education Agencies is here. This class will take a minimum of 2 hours and you take a short quiz at the end. Don’t worry, you can’t fail it!

Once you have completed this course make sure a copy is sent to your attorney and you will need to complete a “Form 23” that your attorney will file with the court along with your Certificate of Debtor Education.

In Chapter 7 bankruptcy your Form 23 and Certificate of Debtor Education must be filed with the court no later than 45 days after the date on which your meeting of creditors was first scheduled. Don’t miss the deadline. The court will close your case if these forms are not filed in this time period and if that happens, you’ll have to reopen your case (which costs more money for court fees and attorney fees).

In Chapter 13 bankruptcy your Form 23 and Certificate of Debtor Education must be filed with the court no later than the date you make your last plan payment. You can take the course immediately after your case is filed and many attorneys recommend this because the course provides a lot of useful information on budgeting and new ways of thinking about debt. This can help you budget and successfully complete your Chapter 13 plan.

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Required Credit Counseling and Debtor Education

Before you can file for Chapter 7 or Chapter 13 bankruptcy, you must complete a credit counseling course from an approved agency. Here is a list of the approved agencies. The Certificate of Credit Counseling expires after 180 days and if you have not filed your bankruptcy case in this time period you will have to complete the course again and pay for it again.

You must also take a 2nd session called “Debtor Education” course after you file in order to receive your bankruptcy discharge. See the blog posting on Debtor Education



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