Copyright 2007 Sherk & Swope, LLC
Member: Bankruptcy Law Network
10/07
Do I have to go through credit counseling before I file?

You have to be briefed by an approved credit counselor within 180-days before before you can file bankruptcy.

Don't be confused or misled about this obligation!  The credit briefing you have to receive takes very little time, usually no more than an hour or two.  Most or all of it can be done over the Internet or by phone, although in-person is available as well.

You do not have have to go into a payment plan with the credit counselor.  Many counselors are paid by credit card lenders to manage their collection of the debt you owe the card.  They may be trying to help you but they are also helping themselves.  Let us repeat this:  You are not required to go into a payment plan in order to "qualify" for any bankruptcy though.

The credit counselors are approved by the U.S. Trustee prorgram for each district.  These are the current approved agencies.  We will provide a list of agencies our clients have worked with and who seem to be providing decent, efficient, unbiased information.  However, if you do it before coming to see us, be sure you get a copy of the certificate showing you completed the briefing -- it has to be filed with your case.

Remember: You have to do this before a case can be filed.  It must be done within 180-days (6-months) of the case filing.  But you do not assume you have to go into a payment plan or that you have to do it for 6-months.  We've heard some rogue counselors have told customers this in order to get their money.

Further reading: Credit Counseling: Mostly a waste of Money But Could It Be More?
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