Do I have to do anything under the Bankruptcy Abuse Prevention and Consumer Protection
Act (BAPCPA) prior to filing Chapter 7 or Chapter 13?
Yes. The BAPCPA imposes a requirement that individuals wanting to file Chapter 7 or Chapter 13 bankruptcy undergo 'credit counseling' prior to filing. The intent is to have individuals attempt to shore up their finances through a credit counselor and potentially avoid bankruptcy altogether, either through debt consolidation plan or other device. There are some exceptions to the requirement, but normally you must undergo the counseling at your own expense and complete a course on personal financial management prior to filing for bankruptcy protection. If a debtor filing for Chapter 7 does not complete the course, discharge on indebtedness will be denied as per §727(a)(11).
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Yes. The BAPCPA imposes a requirement that individuals wanting to file Chapter 7 or Chapter 13 bankruptcy undergo 'credit counseling' prior to filing. The intent is to have individuals attempt to shore up their finances through a credit counselor and potentially avoid bankruptcy altogether, either through debt consolidation plan or other device. There are some exceptions to the requirement, but normally you must undergo the counseling at your own expense and complete a course on personal financial management prior to filing for bankruptcy protection. If a debtor filing for Chapter 7 does not complete the course, discharge on indebtedness will be denied as per §727(a)(11).
