Question about credit counseling briefing

[okiebk09]

i have read where it states that debtors who file for bankruptcy relief must receive a briefing that outlines available opportunities for credit counseling and provides assistance in performing budget analysis and this must be done 180 days prior to filing. what is this? what documentation does this require?

[AngelinaCat]

Hi Oki: Yes you must take a credit counseling course before and after filing. You will be given certificates that must be included with your BK paperwork.

In our case, we went to an approved couselor at $35.00 each for about an hour's worth of review of our debts, income, taxes, etc. This lady is the one who added up our positives and negatives and informed us that we would be better suited for a CH7, rather than the 13 we had been trying for. This was before we filed.

Then after we filed--and were told to complete it as soon after our 341 as possible, we took about an hour's worth of counseling over the Internet. I don't remember how much that cost, if anything, but we got our certificates and submitted them to the court--or rather, our attorney did.

Your attorney should provide you with a list of approved counselors/courses. If you are planning to file yourself, you can call the clerk of the BK court in your district, and ask them.

Good luck to you.

[okiebk09]

thanks that is what i thought. i just need to speak with the attorney we are going to retain. we just cannot come up with the money. i don't know how if you cannot pay your bills as it is one can find the money for an attorney. oh well. just add it to the list of things to do.

[AngelinaCat]

I know. It is very hard.

If you are thinking of filing yourself, go to the Nolopress.com site, and purchase their online book about filing for Ch7. It is written in plain English, and will help explain a lot of the process, and why. Forms and the Exemptions allowed for each state, as well as applicable Federal Exemptions are included. This has been recently updated, (Nov. 2008), so the latest possible information is there. The online downloadable version is $17.99, and well worth the price. The print version is a little more.

Nolopress always offers a freebie with purchases made online. Take that too, as it is a ‘do it yourself’ guide to handling simple legal matters.

Good luck to you!

PS: The more you educate yourself in the BK process, the better you will be able to tell if your eventual attorney knows his or her job.