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What Really Happens
When You File For Bankruptcy
Having a
hard time paying your bills? Does it look like they keep adding
up? A lot of people in this situation would think that filing
for bankruptcy is the easy way out. In all reality, bankruptcy
should be your very last resort. Most individuals are not aware
of the long term effects of bankruptcy. People taking this
course of action don’t know about the extensive process that
happens before and after you file bankruptcy.
The
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
states that people who plan to file for bankruptcy protection
are now required to get counseling from an agency that is
government approved within a six month time before
filing. After
filing bankruptcy a debtor education course has to be
completed. The
Department of Justice has a U.S Trustee Program in which only
counselors and educators that show on the program's list will
be able counsel you. By law the
U.S.
Trustees Program cannot run in Alabama and North Carolina
because they have what are referred to as Bankruptcy
Administrators.
The credit
counseling and debtor education might not come about all at
once. But it is
required to complete both for those people who are filing
bankruptcy. The
counseling must take place before filing, a certificate of
credit counseling completion has to be attained when filing for
bankruptcy. The
debtor education program generally occurs after the
filing.
The
counseling session is composed of an evaluation of personal
financial situations, a discussion of alternatives of
bankruptcy, and a budget plan. This session will commonly
take about an hour, and the filer is given the option of taking
the session in person, over the phone, or
online. For
those who can't afford to pay for the counseling the
organization is required to offer their services free of
charge. But
for those who can afford to pay the fee is generally
around $50 depending on the location. Once the counseling is
complete you are provided with a certificate as evidence
you've taken the course.
It is all
up to you when deciding what organization you will end up using
for credit counseling. When you're calling around
please make sure you ask some of the following
questions. What
type of services do you offer? What are you
fees? What
if I cannot afford them? What qualifications do
your counselors have? Will you help me
develop a plan for avoiding problems in the
future? If
you ask at least half of these questions, you will have a
good idea about the organization and your decision making
will be much easier.
The
educational courses will contain similar information as the
counseling sessions, budgeting, how to use credit
wisely. Like the
counseling sessions you also have many options on how you can
take the educational courses, in person, online, or over the
phone.. These
courses will last longer at about two hours and the fees are
somewhere between $50 to $100. You may also seek a waiver if
you are not able to pay. You should also obtain a
certificate as proof that you've taken the
course.
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