Pre-bankruptcy Counseling

Recently enacted federal bankruptcy laws now require debtors to undergo pre-bankruptcy counseling in most instances. Debtors typically must engage in credit counseling with a credit counseling agency approved by the bankruptcy trustee in order be eligible for bankruptcy relief. This counseling session can help debtors decide whether bankruptcy is truly the best choice for them, or whether there are more beneficial alternatives to filing for bankruptcy. Furthermore, if debtors decide to file for bankruptcy, they must attend another debt counseling session prior to receiving their bankruptcy discharge. No debtor will be permitted to receive bankruptcy relief until complying with these requirements. By enacting these credit counseling requirements, legislators hope to help debtors avoid finding themselves in financial trouble in the future.

Fast Facts

    Chapter 7 bankruptcies increased 43% from December 31, 2007 to December 31, 2008.
  • Non-business bankruptcies increased 31% from December 31, 2007 to December 31, 2008.

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