Credit Counseling Must Completed Before File Bankruptcy | GA Attorney

Credit Counseling Must Be Completed Before You File Bankruptcy

You must take a credit counseling class before you file any Chapter 13 or a Chapter 7 bankruptcy. If any person files a Chapter 13 or Chapter 7 bankruptcy without having first completed a United States Trustee certified Credit Counseling Class, the case will be subject to dismissal.  It is absolutely imperative that the class be completed BEFORE the filing date.

I recommend Hummingbird Credit Counseling.  You can find them on the internet at   The Hummingbird website states that their staff is available to speak with you from 7 am to 11 pm Monday through Friday.  On Saturday and Sunday they are available from 10 am to 6 pm.   Before you begin your session with Hummingbird, it is a good idea to have your paycheck and your monthly bills in front of you.  After you enter your financial information into the website, you will receive an analysis of your situation. After you have read the analysis, you must call a Hummingbird Credit Counselor at 1-800-645-4959 before you can receive your certificate. Since I am a registered user with Hummingbird, you do not need to pay them. We include their cost in your filing cost.

Section 109(h)(1) of the Bankruptcy Code states, “Subject to paragraphs (2) and (3), and notwithstanding any other provision of this section, an individual may not be a debtor under this title unless such individual has, during the 180-day period preceding the date of filing of the petition by such individual, received from an approved nonprofit budget and credit counseling agency described in section 111(a) and individual or group briefing (including a briefing conducted by telephone or on the internet) that outlined the opportunities for available credit counseling and assisted such individual in performing a related budget analysis.”

Please take your credit counseling class before you meet with us to sign your bankruptcy petition.  If you are refiling a Chapter 13 and have taken the class within the last 180 days, you will not need to take the class again.

Other posts:  What is Chapter 13?

Other posts:  What is Chapter 7?