If you are filing for bankruptcy, you must be aware of both the mandatory pre and post bankruptcy courses. These courses need to be done through an approved organization. You can go for online or even telephonic courses. Here is a quick list of frequently asked questions about pre and post bankruptcy courses.
FAQs About Pre & Post Bankruptcy Courses:
1. Do I need to take the pre-filing bankruptcy course or the post-filing one?
Both these courses are mandatory. According to the Bankruptcy Code, you have to complete credit counseling before filing your bankruptcy papers, and debtor education after filing them.
2. What is the name of the second course?
The second course goes under a number of different names: debtor education, post-filing course, personal finance management class and pre-discharge course. However they all refer to the same thing.
3. Is the presence of an attorney necessary?
No, it is not a requirement. You can complete the courses on your own and do not need to refer to an attorney.
4. When is it that I should take the debtor education course?
It actually depends on which chapter your case falls into. For a chapter 7 bankruptcy case, you need to take the course (a) after filing for bankruptcy and (b) within 60 days of your first meeting with creditors and the bankruptcy trustee. You might also know this meeting as the Sec 341 meeting.
If your case falls under chapter 11 or chapter 13, then the debtor education course needs to be done (a) after you have filed for bankruptcy and (b) before the last payment that needs to be made according to your bankruptcy plan.
5. What are the mediums for the debtor education course?
There are generally two ways you can do this course: online or on the phone. There are many different agencies that can help you out with this. It is also offered in a number of different languages, though English and Spanish are the most common.
6. How much does it cost?
The cost of the course depends on the agency that is conducting it. Generally it shouldn’t be more than $20. If you are filing for joint bankruptcy, then the fee only needs to be paid for one person.
7. How long is the course?
The course takes about 2 hours to complete. It is the minimum time requirement according to the Executive Office for US Trustees. You need to spend at least two hours to get certified.
8. Can someone else take the course on my behalf?
Yes, anyone else can do the course instead of you as long as the individual has a power of attorney. It is also permitted to take assistance from family or friends during the course.
9. How do I receive the certificate of completion?
You can get your certificate of completion as soon as the course is done. It will be available to download and print if you have done the course online. If it was done on the telephone, then the certificate will be sent to your e-mail address.
We hope this answered a few queries on post bankruptcy courses. Please feel free to contact us for any other verifications.