requirement to file bankruptcy

If you are having a difficult time meeting your financial obligations bankruptcy may provide some relief. Bankruptcy is intended to alleviate the financial burden and give borrowers a fresh start. It is not necessary to hire an attorney to file bankruptcy; however, it is recommended that you do seek the aid of a bankruptcy attorney in Tampa before taking any action. Without competent legal advice you may be unaware of all the potential pitfalls and requirements for bankruptcy. For instance, bankruptcy law will require the debtor to attend two credit counseling courses as a requirement to file bankruptcy.

Prepetition Credit Counseling Requirement to File Bankruptcy

Under bankruptcy law 11 U.S.C. §109(h), debtors must complete a credit counseling briefing within 180 days immediately preceding the case as a requirement to file bankruptcy. The briefing must be done by an approved nonprofit budget and credit counseling agency. Further, the briefing must outline the opportunities for credit counseling and assist the debtor in performing a budget analysis. The briefing can be done on an individual basis or conducted in a group setting. The briefing can take place by telephone, internet, in person. Further, the class can even be done in your attorney’s office with your bankruptcy lawyer present. Once the course is complete you must file a statement of compliance to satisfy this requirement to file bankruptcy. The statement must include either a certificate or debt repayment plan.

The credit counseling agency conducting the briefing must be approved by the U.S. Bankruptcy Trustee. To find a credit counseling course in your area contact Florida Law Advisers, P.A.  to speak with a Tampa bankruptcy attorney. Additionally, you can find a list of providers by clicking here.

Exceptions to Credit Counseling Requirement to File Bankruptcy

Bankruptcy law does provide some exceptions to the credit counseling requirement to file bankruptcy. Debtors who are unable to complete the briefing due to incapacity, disability, or active military duty in a military combat zone are exempt from the credit counseling requirement. Additionally, debtors may obtain a temporary waiver of the briefing requirement by a showing of exigent circumstances that prevented the counseling. If the court decides the exigent circumstances merit a waiver the debtor may be given an additional 45 days to complete the briefing. For more information on how to waive the credit counseling requirement contact a bankruptcy law firm in Tampa.

Bankruptcy Law Firm in Tampa

We understand that filing for bankruptcy can be a very confusing and intimidating process, which is why we work so hard to make the process as easy as possible for our clients. If you need help with a requirement to file bankruptcy we can help. When you hire Florida Law Advisers, P.A., you get an experienced bankruptcy attorney in Tampa at your side throughout every phase of the bankruptcy process. We will help ensure your rights are protected, keep you well-informed, and help you receive the utmost protection bankruptcy can offer. To schedule a free consultation with a bankruptcy lawyer in Tampa call, email, or fill out an online inquiry on our website today.

Frequently Asked Questions

How long does a bankruptcy case take?
Do I have to take a credit counseling class?
Do I have to go to court?
When are my bills wiped out?
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