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Is credit counseling required ahead of filing for bankruptcy?

On Behalf of | May 8, 2024 | Bankruptcy |

Many Americans struggle to manage mounting debt. Before indebted individuals can file for personal bankruptcy, they must have credit counseling. Credit counseling is an important and required part of the bankruptcy process. Understanding how credit counseling works is helpful for anyone seeking debt relief. It is also important for anyone hoping to achieve financial stability through bankruptcy.

People can make informed decisions about their financial futures by exploring the necessity and implications of credit counseling before filing for bankruptcy.

Credit counseling requirements for Chapter 7 bankruptcy

In Chapter 7 bankruptcy cases, credit counseling is a prerequisite for filing. The Bankruptcy Code mandates that filers of Chapter 7 bankruptcies complete a credit counseling course from an approved agency within 180 days before filing for bankruptcy. This aims to ensure that people understand their financial options. It also helps ensure that they explore alternatives to bankruptcy before pursuing this debt relief option.

Credit counseling requirements for Chapter 13 bankruptcy

A Chapter 13 is a “reorganization” bankruptcy and works quite differently than a Chapter 7 bankruptcy. However, like those filing for Chapter 7, individuals filing for Chapter 13 bankruptcy also must undergo credit counseling before filing. Like Chapter 7, individuals must complete a credit counseling course from an approved agency within 180 days before filing for Chapter 13 bankruptcy. This underscores the importance of financial education and empowerment in helping individuals make informed decisions about their financial future.

Credit counseling is not optional for individuals considering Chapter 7 or Chapter 13 bankruptcy. However, it serves as a valuable resource in navigating the complexities of bankruptcy.