What are the credit counseling requirements to file bankruptcy?
Unless an undue hardship can be proven, ยง109(h) of the Bankruptcy Code requires that all individual debtors filing for bankruptcy after October 17, 2005, take a credit counseling course which explains the available opportunities for credit counseling and provides assistance in determining a budget analysis. This course must be completed within 180 days prior to filing for bankruptcy. There are many options for taking this course. It can be given individually or by group, over the telephone, in person, by mail, or by Internet, and it must be given by an approved, nonprofit budget and credit counseling agency. The Office of the United States Trustee or bankruptcy administrator in each district approves each agency. In addition, after filing a bankruptcy case, debtors must complete a financial management instructional course within a specified time period before a discharge will be granted. If this course is not completed or if the court does not approve a waiver of completion, the case w
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