bankruptcy classes

Due to concerns of people abusing the protections provided for through the US Federal bankruptcy code, the US Congress recently passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which introduced a number of changes. One of these changes is the new requirement stating that all those filing for bankruptcy must take mandatory bankruptcy classes.

The debtor is the person who is going through the chapter bankruptcy filing. The new law mandates that the debtor must take two different types of classes during the course of the bankruptcy proceeding. The first class is for pre-filing counseling. The second required class is for pre-discharge education purposes.

During the first of the set of mandated classes, the debtor must attend a class that provides information and counseling from approved professionals before filing for bankruptcy. The purpose of the pre-filing counseling class is to help the debtor gain a full understanding of the process of a new bankrupt filing, to understand the consequences that bankruptcy leads to with regard to their credit score and long-term ramifications, and to investigate available alternatives to the drastic decision to file.

One of the aspects of the pre-filing bankruptcy classes is to have the consumer, or debtor, provide thorough information about their income, their household expenses and their various debts and monthly obligations. With this information, the pre-filing counselor can help the person, or couple, to carefully do a budget analysis. At this stage, some of the alternatives to filing for bankruptcy can be more fully explored to see if there might be something else they can do to improve their financial condition.

As part of the counseling, instruction will be given on the differences between filing Chapter 7 bankruptcy and filing Chapter 13 bankruptcy. As well, an overview of both the advantages of filing for bankruptcy and the disadvantages will be discussed. After the debtor goes through the classes for pre-filing counseling, they will be issued a certificate of completion. They must have this certificate of completion in order to proceed to the next step of filing for bankruptcy.

The second of the required classes that a debtor must take is the pre-discharge education class. The debtor is to take this class between the time that they complete the bankruptcy claim form and file it with the court and when the bankruptcy is discharged. A bankruptcy is not considered complete, and the debts are not eliminated, until the bankruptcy is discharged by the court. The discharge of the bankruptcy is the final step in the process.

Typically the pre-discharge classes are two hours in length. During that class the consumers learn about budgeting and more effective money management skills. They also learn about the proper uses of credit, how to re-build a positive credit record, how to recognize predatory lending practices and how to avoid such practices, and how to take steps to protect against identity theft.

Under the new laws, a bankruptcy can not be discharged until the debtor shows proof that they have completed both the pre-filing and the pre-discharge classes. Just at with the pre-filing counseling class, the debtor will receive a certificate of completion at the conclusion of the pre-discharge education. They must file this certificate with the court in order for their bankruptcy to be discharged.

In order to receive a valid certificate of completion, the bankruptcy classes must be taken from a company that has been approved. Class costs vary depending of the format and range from a low of $50 per person for each class to a high of $150 per person for each class. You can choose to attend the class in a classroom setting, or for those who have busy schedules, there are also tele-classes available and some companies offer them over the internet.

bankruptcy court record

A Chapter 13 bankruptcy is the specific type of legal proceeding that is granted under Federal statues to provide a repayment program for debts that are owed. Under Chapter 13 bankruptcy, a three-year or a five-year repayment plan is created for specific creditors according to the rules governing bankruptcy and through agreement by all parties involved. The arrangements are all overseen by a trustee who is appointed by the Federal bankruptcy court.

When someone files a Chapter 13, it means that they are not able to repay their debt obligations as they originally agreed to do when the debt was taken on. Chapter 13 bankruptcy law allows for these debts to be reorganized for the purpose of repayment. This is different than a Chapter 7 bankruptcy, in which the debts are discharged immediately instead of being set up with a repayment schedule.

In most cases, a Chapter 13 type of bankruptcy has a repayment plan in which the debtor makes monthly, bimonthly or weekly payments to the trustee. The trustee then provides bankruptcy help by taking care of properly dispersing the payments to the creditors. In most instances, the amount of the debt has been restructured and is less than the full amount that is owed to all the creditors.

The trustee in a Chapter 13 bankruptcy is responsible for learning about the financial situation of the person who is filing for bankruptcy, to determine how much they are able to make in payments to the bankruptcy court on a regular basis. The trustee also takes into account the income level of the person, or family, and the obligations which are exempt from the bankruptcy proceedings.

Because a Chapter 13 requires that regularly scheduled payments be made to the court, it is generally recommended only for debtors who have a regular and stable income. For those who are seasonal workers or freelancers, filing Chapter 13 bankruptcy is not the best solution for their financial troubles, in most instances.

When a debtor has agreed to the terms and payment plan of a Chapter 13, it is crucial that they always make their payment to the bankruptcy court on time. If they fail to make their payments as agreed, the entire bankruptcy court record and case can be thrown out. Should this happen, the creditors once again have the right to come after the debtor for the full amount of the debt and the protections under the bankruptcy relief process would not be available to them until they are eligible to file bankruptcy again.

If it occurs that a debtor, who is under a repayment plan through a Chapter 13, is not able to keep up with the payment schedule, then there is the possibility to find bankruptcy relief from the reorganization provisions agreed upon. In the case of a situation that arises, in which the debtor is unable to make the payments to the court as agreed, such as in the case of losing a job or other source of income or if they have an extended illness, they might be able to file a bankruptcy claim form known as a “hardship discharge.”

For a debtor who has agreed to a Chapter 13 bankruptcy repayment plan to be able to seek a “hardship discharge,” the case cannot qualify to be changed into a Chapter 7 bankruptcy instead. It is best to have a bankruptcy attorney reviews the various guidelines and requirements before trying to make any type of changes to a Chapter 13 plan. Any type of change to a filing Chapter 13 bankruptcy means that the debtor must return to the bankruptcy court and this step can be both stressful and expensive. Because of this, it is strongly recommended to make every effort to stick to the repayment plan.

In 2005 the U.S. was introduced to new bankruptcy laws, which implemented with new bankruptcy laws that passed congress.

Before then, Chapter 7 was the most common form of bankruptcy in the United States, because in a Chapter 7 bankruptcy individuals are allowed to keep certain exempt property.

Before the changes in the law were enforced, many people were lacking in good judgment on how they used their credit, which created so much debt they would just file for bankruptcy as a quick solution.

Now that the law has changed, there are more restrictions for filing chapter 7.

Before the 2005 revision, filers could choose which code they wanted to file under.

It did not matter the amount of income you made either.

The most obvious change was made in how a person files, based on their income; for example, people that filed for bankruptcy under Chapter 13 of the Bankruptcy Code, have the opportunity to repay some or all the debts in their name, in better terms, i.e. lower or no interest and that is unlike Chapter 7 which involves liquidation of assets.

The law also imposed new restrictions on bankruptcy lawyers.

It may be tougher now to find a lawyer who will represent you in a bankruptcy case.

Another change, is that now people planning to file for personal bankruptcy under chapter 7, must complete the mandatory credit counseling first.

Individuals that decide to pre-file, still have to complete the credit counseling requirement and people that post-file must complete a financial budget that they will use.

In light of our current economic situation, many feel these new standards should have been executed several years earlier.

These financial tools are designed to help people become better aware of their spending habits and to assist them in becoming more financially stable.

There is also a change for chapter 13 bankruptcy filers and a new income demand of personal finances.

After paying for regular living expenses, any disposable income remaining must now go toward repaying any loans.

The IRS now determines the allowed actual living expenses, not the actual living expenses, if their income is higher than the median income in their state or per capita. Before filing for bankruptcy, you need to carefully consider all your options and become well informed on the legal aspect surrounding any new laws that may pertain to your personal situation.