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Consumer Credit Counseling vs Bankruptcy

Consumer Credit Counseling vs Bankruptcy

If you’re thinking seriously about filing bankruptcy, you should be aware of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. It mandates that people who file for bankruptcy protection must have both credit counseling and debtor education before debts will be discharged. That means people who have never considered the pros and cons of credit counseling vs. bankruptcy, should consider going through credit counseling fist to learn how each alternative can affect their future.

Per the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the Department of Justice U.S. Trustee Program has an approved list of organizations that provide consumer credit counseling and post-bankruptcy debtor education services. It’s important that you choose a credit counselor from this list. These are the only U.S. government-sanctioned programs. The only exceptions to this rule would be for residents of Alabama and North Carolina, where court officials known as bankruptcy administrators approve credit counseling and debtor education service providers. Although they’re related, consumer credit counseling and debtor education aren’t provided at the same time.

To ensure that people who file for bankruptcy truly understand the nature of the act they’re about to undertake, credit counseling is required before filing. It includes a discussion of bankruptcy alternatives, an evaluation of your personal finances and development of a personal budget plan. This counseling session takes approximately 60 to 90 minutes and can be conducted on the phone, online or in person. Mandatory credit counseling completion is required within 180 days of filing bankruptcy. Participants receive a certificate of credit counseling completion, which has to accompany the bankruptcy filing.

The debtor education portion of the requirements will be undertaken after bankruptcy has been filed. In fact, debts aren’t discharged unless the course has been completed. The training includes general money management strategies, plus guidelines for using credit wisely and developing a realistic budget. As with consumer credit counseling, a certificate of completion is provided that becomes part of the bankruptcy package.

It is important to use a credit counselor and debtor educator approved by the Department of Justice U.S. Trustee Program or by an Alabama or North Carolina bankruptcy administrator because only those on the list can provide the official certificates of completion that are requires for a successful bankruptcy filing.

Providers are not allowed to charge a separate fee for these certificates but they can charge for the consumer credit counseling and debtor education sessions. Those fees should be approximately $50 for credit counseling and between $50 and $100 for debtor education. By law the fees must be discussed with you before the training begins. If you can’t afford them, ask the providers to give you waivers that will allow you access to the training at no charge.