Credit Counseling and other Georgia Bankruptcy Requirements

In 2005, federal bankruptcy laws were changed. As part of the changes, those seeking bankruptcy, whether through a Chapter 7 or a Chapter 13 filing, are now required to complete a credit counseling course. The course must be completed within the six months prior to the submission of a bankruptcy petition and done through a federally-approved source. This credit counseling is done to determine whether you have other viable alternatives to handling your debt situation outside of a bankruptcy filing. The agency you work with will examine your income and expenses and help you prepare a budget based on them. This will be followed by looking at the options available to you for repaying debt. Federal law requires that you participate in the counseling but does not require you to do what the counseling agency suggests. In most cases, participants will continue on with their bankruptcy case through the courts regardless of what the counseling agency proposes.

Another requirement in bankruptcy cases is that you must complete an additional course on financial management prior to the discharge of your debts by the court. This, too, must be completed with a federally-approved agency. It is to be completed after you have submitted your bankruptcy petition but before the court discharges any debt. This course can be completed in person, through the mail, or online. Once completed, you will receive a certificate which must be filed with the bankruptcy court. In a Chapter 13 case, you must file your certificate by the date of the last payment that is part of your court-approved repayment plan.

Bankruptcy Firm Serving Gwinnett County, Georgia

Filing for bankruptcy, whether it is a Chapter 7 or Chapter 13 personal filing, can be a confusing and complicated process subject to many rules and procedures. Having the benefit of knowledgeable and experienced legal guidance can ensure that your case is handled properly and per all legal requirements. This will prevent complications, delays, or court denials of your petition. The Fred P. Kross P.C. offers skilled legal guidance and representation in the matter of bankruptcy as well as finding viable debt relief alternatives to bankruptcy.

Attorney Fred P. Kross has handled many cases for individuals and families seeking debt relief in and around the Gwinnett County area. Getting the right information is a key component in this process. If you are facing overwhelming debt, repossession, foreclosure, wage garnishment, creditor harassment, or other legal action, do not delay in learning what your legal rights and options may be. Contact the firm to arrange for a free case evaluation as soon as possible.