Approximately 15 days after your Chapter 7 bankruptcy filing, the court will mail a Notice of Commencement of Case to you and to all creditors listed in your petition, which includes the date and time of the creditors’ meeting and deadlines for creditors to make objections or file claims.

You must attend the meeting and you will be asked to testify under oath to the accuracy of the information you have provided.

The Meeting of Creditors is Important ~ Your Chapter 7 Bankruptcy Case Could Be Thrown Out if You Don’t Go

Creditors may question you at this meeting, but most choose not to attend.

At least seven days before the meeting, you must provide the trustee (and any creditor who has requested it) a copy of your most recently filed tax return.

Creditors have 30 days after your Meeting of Creditors to object to your exemption claims and they have 60 days after the meeting in which to object to discharge of specific debts for specific statutory reasons.

Questions about the Meeting of Creditors?

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The above summary is not legal advice. Chapter 7 bankruptcy laws may have changed since our last update. For the latest information on bankruptcy laws, speak to a local Cahpter 7 bankruptcy lawyer in your state.

The statement must advise as to whether you intend to keep secured assets or surrender them to your creditors.

After the statement is filed, you have 45 days to act on the plans set forth in your statement and either surrender the property or make payment.

A Chapter 7 bankruptcy lawyer will be able to answer more questions about the Statement of Intention and the other parts of the Chapter 7 bankruptcy process.

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Fill out the above free bankruptcy case review form and connect with a Chapter 7 bankruptcy lawyer for free.

A bankruptcy attorney can explain the Chapter 7 bankruptcy process and help you determine if it’s right for you.

Take the first step and fill out the form today.

Note: The above summary is not legal advice. Chapter 7 bankruptcy laws may have changed since our last update. For the latest information on Chapter 7 bankruptcy laws, speak to a local Chapter 7 bankruptcy lawyer in your state.

The Debtor Education Course is a mandatory part of the Chapter 7 bankruptcy filing process, which must be completed after your bankruptcy attorney has filed your bankruptcy petition, but before you receive a discharge.

Courses are available in person, by phone and via the Internet. A course that is approved by the U.S. Trustee’s list will include information on creating a budget, managing finances, and using credit wisely.

Where Can I Find an Approved Debtor Education Course?

You’ll find an affordable, interactive, online Debtor Education Course that can be taken anywhere at www.startfreshtoday.com. For other approved courses, check the U.S. Trustee’s list at www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm.

Is the Debtor Education Course Expensive?

Of course the cost will vary depending on a number of factors, including where you live and whether you sign up for an online, phone or live course. However, the U.S. Trustee’s office states that the average course runs between $50 and $100. The Start Fresh Today Debtor Education Course currently costs $49.

Law requires an approved agency to tell you the fees up front, without any extra cost for issuing the certificate.

When Should I Complete My Debtor Education Course?

The Debtor Education Course must be completed after you’ve filed your bankruptcy petition and before you receive your discharge. Because you will be filing for Chapter 7, you will only have a fairly small window of time during which the course must be completed.

How this Different from the “Credit Counseling” Briefing?

The Credit Counseling Briefing and the Debtor Education Course are both requirements for bankruptcy filing, but are completely separate. Each requires completion of a different program a separate certificate for proof that you completed both two programs.

You must receive proof of finishing the Credit Counseling Briefing before you file, and with some very limited exceptions, your bankruptcy case will be dismissed if you have not completed the Credit Counseling Briefing beforehand. The Debtor Education Course must be taken after filing, but before discharge.

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If you have any other questions about the debtor education course you will be required to take, the credit counseling briefing, or any other Chapter 7 Bankruptcy questions, speak to a bankruptcy attorney as soon as possible.

Get started by filling out our free bankruptcy case evaluation form, and we’ll connect you with a local bankruptcy attorney.

Keep in mind: this requirement is not optional. Many bankruptcy cases have been thrown out because the individual filing did not complete or file the credit counseling certification and bankruptcy judges have hardly any room to waive or offer an extension to complete this step.

It cannot be stressed enough that the course must be completed before filing bankruptcy.

You may complete the Credit Counseling Briefing in person, over the telephone or via the Internet. Sessions that qualify include an evaluation of your personal finances, discussion of any possible alternatives to bankruptcy, and help you design a personal budget plan.

After you’ve finished, you’ll get a certificate of proof that you must include with your filing.

Where Can I Locate an Credit Counseling Agency that the Court Approves?

One option for an affordable, interactive, online credit counseling briefing can be found at www.startfreshtoday.com. Other approved courses are available directly from the U.S. Trustee’s list at www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm.

Is Credit Counseling Expensive?

Of course the cost will vary depending on a number of factors, including where you live and whether you sign up for an online, phone or live course. However, the U.S. Trustee’s office states that the average course runs about $50.

The Start Fresh Today Credit Counseling Briefing costs $30.

Law requires an approved agency to tell you the fees up front, without any extra cost for issuing the certificate.

When Should I Complete My Credit Counseling Briefing?

You must have completed the credit counseling briefing within six months before you file the bankruptcy petition.

I Have my Credit Counseling Certificate—Now What?

Your bankruptcy lawyer will file the credit counseling certificate along with your bankruptcy petition, as proof that you have observed the pre-filing requirement.

Are there Any Exceptions to the Credit Counseling Requirement?

There are very limited exceptions to the credit counseling requirement, and these are strictly prescribed by statute. Bankruptcy court judges have little or no authority to waive the credit counseling requirement. If for some reason you think you may not be able to complete the credit counseling requirement, speak with your bankruptcy attorney far in advance of your planned filing date to see whether or not you might fall under an exception and what documentation might be required.

Is This the Same Thing as the “Debtor Education” Course?

No, the Credit Counseling Briefing and the Debtor Education Course are two completely separate programs with separate certificates. However, you must successfully complete both if you are to receive a discharge in your bankruptcy filing. The Credit Counseling Briefing is done before bankruptcy filing, while the Debtor Education Course takes place after filing, but before discharge.

If you’d like to learn more about bankruptcy before getting started, feel free to explore the Chapter 7 website. You can learn more about the protections offered by Chapter 7 bankruptcy, including the automatic stay, as well as alternatives to Chapter 7 bankruptcy, such as Chapter 13 bankruptcy.

Whatever you choose to do, don’t let your creditors control your life any longer. Fill out our free bankruptcy case evaluation form and get in touch with a local bankruptcy attorney today.