There are many moving parts to filing for bankruptcy, and one part you may be unfamiliar with is the need to take certain courses in order to begin and to end your bankruptcy. Credit Counseling and Debtor Education courses are required in New Jersey, but thankfully only take 1-2 hours each, typically. Please call one of our attorneys if you are filing for Chapter 7 or Chapter 13 bankruptcy and need help attending these courses.
A credit counseling completion certificate is required whenever a person in New Jersey is planning to file a personal bankruptcy. The certificate is issued once you complete the course. The course can be conducted online or through a phone interview, and includes a brief review of your financial circumstances and of your options prior to any bankruptcy filing.
A credit counseling completion certificate is required under the Federal Bankruptcy Code to be obtained at least one day prior to any bankruptcy filing. Our professional bankruptcy attorneys can assist you in obtaining the certificate by providing all necessary information for one of the certified credit counseling agencies to allow for you complete the course in a timely fashion.
The certificate must be obtained at least one day prior to the bankruptcy filing from an approved agency under Bankruptcy Code, Section 109(h). The certificate also must be from within 180 days before the bankruptcy filing; so if your certificate is dated more than 180 days before your filing, you need to obtain a new certificate in order to file the petition.
This is a certificate for completing the debtor education or financial management course, which individuals in New Jersey must complete to receive a discharge in your personal bankruptcy case. Filing a bankruptcy petition starts the process of obtaining a discharge, but an order of discharge is the federal court order indicating that you are no longer legally responsible for the debts which are dischargeable in the bankruptcy case.
As with credit counseling, debtor education courses are offered online courses or through the phone. We provide you with a recommended course provider who is approved by the Bankruptcy Court, but you are also offered the option to complete the course through any other approved provider.
The post-filing debtor education course must be completed after the bankruptcy case is filed and prior to obtaining a discharge. The deadline is typically 45 days after your first meeting of creditors. We strongly recommend that you complete the course shortly after the bankruptcy case is filed or immediately after you complete your creditor’s meeting, to ensure that you receive the discharge in a timely fashion.
You will need to show a certificate of completion in order to begin and to end your bankruptcy action. Fortunately, these sessions are quick, and will provide a basic level of information that should help settle your debts. Call our New Jersey attorneys if you need assistance with signing up for a Credit Counseling or Debtor Education course.
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