Since BAPCPA took effect in latter 2005 it has been a requirement that all debtors, no matter the chapter of bankruptcy filed, first complete a credit counseling course and obtain a credit counseling certificate before filing their bankruptcy case. The certificate must be filed with the bankruptcy petition.
Credit counseling was intended to prevent unnecessary filings. I have yet in the four years I have practiced under BAPCPA to see a credit counseling certificate denied, or even questioned.
We use CINLegal for our credit counseling course. It costs $40 whether you are an individual or couple taking the course. It is a cost that is borne by the debtor. There are other companies, and some slightly cheaper or more expensive, but we use this one because purchasing through our account gets us the certificate automatically by email once you’ve completed the course, thereby streamlining the workflow process.
We have you take the credit counseling course once we have a draft of your schedules that is reasonably accurate so that you can use that information to populate the fields in the website with the same data as we’ve assembled in your case. The credit counselor will want to see the same thing we do, in all its particulars; that you are insolvent. So you need to put in all your property, debt and your income and expenses. We make that easy at LeverLaw.
You get an email from us on how to take the credit counseling course with a link to the website and your access information. We attach the draft of the schedules that contains much of the information you need to upload.
Typically it takes between one to two hours to complete the internet portion of the course. Then you need to call the 800 number to talk to the credit counselor. They will see what your situation is by what you uploaded to them through their website. The call takes about 5 minutes. Then you and LeverLaw are emailed the certificate.
You must take this course, by law we cannot do it for you. However, we do occasionally assist in true emergencies such as when stopping imminent foreclosures are involved.
