Bankruptcy Credit Counseling Under The New Bankruptcy Law

Bankruptcy credit counseling is a demand of the new bankruptcy law effectual October 17, 2005. The Bankruptcy Maltreatment Prevention and Consumer Protection Act of 2005 necessitates tribunal approved bankruptcy credit counseling to be completed by debtors prior to filing for bankruptcy within the 180 years immediately preceding the filing of a bankruptcy petition.

The new demand for bankruptcy credit counseling prior to filing for bankruptcy may be completed by internet credit counseling, phone credit counseling, or grouping or individual credit counseling at specific, tribunal approved bankruptcy credit counseling agencies. Under the new bankruptcy law, the U. S. Trustee's Office is responsible for approving bankruptcy credit counselors. The U. S. Trustee's Office may O.K. a non-profit-making budget and credit counseling agency or an instructional course of study concerning personal financial management if the non-profit-making budget and credit counseling agency rans into certain stringent demands put forth in the law.

The new bankruptcy law have made filing bankruptcy more hard than ever before. The new bankruptcy law was fueled by credit card companies and their high powered lobbyist who wanted to do it harder for debtors to pass over out credit card debt. Bankruptcy credit counseling have been seen by many bankruptcy attorneys as an attempt to detain a debtor from seeking protection in the bankruptcy court. The hold may be just adequate clip for a creditor to obtain a judgement or accumulate garnishment funds.

Most bankruptcy lawyers are finding out that the telephonic method of counseling is the easiest for debtors to finish in a hurry. Most telephonic counseling can be completed in about 1 hour.

The upper limit amount any bankruptcy credit counseling agency can charge for counseling is put by law. No bankruptcy credit counseling agency can charge more than than $50.00 for the credit counseling. Once bankruptcy credit counseling Sessions have got been completed, debtors are given a certification of completion from the credit counseling agency to be filed with the bankruptcy tribunal upon filing of the debtor's bankruptcy petition.