The Credit Counseling Requirement Exceptions

: Chris Lee Law Firm

  Filed under: Credit Counseling

credit counseling requirementBefore you are able to file for bankruptcy (chapter 7 or chapter 13), the law requires you to meet with an approved credit counseling agency. The idea behind this requirement is to see if there is any possible way to work out your existing debts before pursuing Fort Worth bankruptcy. The problem for many people though is that they need to be on the fast track and cannot afford to be slowed down. The good news is that there are a few ways to avoid the credit counseling requirement for those that qualify.

The Details of the Requirement

The requirement states you must meet with an approved counselor in order to qualify for bankruptcy relief.  You are also required to do so within 180 days before filing for bankruptcy. Upon completion, you will receive a certificate which you need to file no more than 15 days after your court date. It is also required that you use a credit counseling agency approved by the U.S. Trustee’s Office.

Exceptions to the Rule

For people who need to speed along the bankruptcy process and don’t have time to wait on credit counseling, there are a few exceptions that can hurry things along. You are able to avoid the counseling requirement if you filed bankruptcy in an immediate fashion in order to stop a foreclosure or wage garnishment. You can also exempt yourself from counseling if you cannot obtain it within five days of requesting it.

There are also certain physical circumstances that can exempt you from completing the credit counseling requirement. If you are serving on active duty in a military zone, you will be exempt. If you are mentally unable to understand the credit counseling, you will also be able to bypass the law. Lastly, if you have a physical disability which renders you unable to meet with a counselor, you are considered exempt.

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