Yes, there are a few things you must do before filing for bankruptcy relief.
Complete Mandatory Credit Counseling
The U.S. Bankruptcy Code requires that a debtor who wants to file for bankruptcy protection must obtain credit counseling prior to filing a bankruptcy case. The credit counseling must be “received from an approved nonprofit budget and credit counseling agency” and completed within 180 days prior to the date the bankruptcy case is filed. 11 U.S.C. § 109(h). You must receive the credit counseling from an agency that is approved by the regional United State trustee. 11 U.S.C. §111.
It is necessary that the counseling include a briefing conducted over the phone or on the internet, and must outline “the opportunities for available credit counseling and assisted such individual in performing a related budget analysis.” 11 U.S.C. § 109(h). Essentially Credit Counseling is designed to help you examine your finances and determine whether or not you need to file for bankruptcy. This requirement is not meant to deter you from bankruptcy. You are under no obligation to carry out any recommendations made by the credit counseling agency.
After you finish the course you will receive a certificate of completion, which must be filed with the Bankruptcy Court. When you work with us, our office will handling filing your credit counseling certificate along with all other necessary paperwork for your bankruptcy case.
Other ‘To-Do’s’ Before Filing for Bankruptcy Relief
While obtaining credit counseling is the only “mandatory” thing you must do prior to filing, there are other actions to take that are critical to a successful bankruptcy. Once you’ve made the difficult decision to file for bankruptcy, the next steps are to:
- Hire an experienced bankruptcy attorney.
- We offer free consultations to anyone in the Savannah, GA area. Call us at (912) 351-9000, contact us on the web, or email info@BrazielLaw.com.
- Together we’ll review your financial situation and explore how bankruptcy can help you and your family. We’ll explain the different chapters of bankruptcy and make sure you understand the benefits and drawbacks of each chapter.
- Gather the necessary documents.
- To properly prepare your bankruptcy petition we need certain documents.
- Please review our article The Documents Your Bankruptcy Attorney Needs for a checklist of documents.
- Review and sign your bankruptcy petition.
- After we complete your bankruptcy petition we will sit down together and review it page by page to ensure it is thorough and accurate.
- File with the Bankruptcy Court.
- Once you have reviewed and signed your bankruptcy petition, we will file it with the Bankruptcy Court on your behalf.
Free Bankruptcy Consultation
Here at the Law Office of Barbara B. Braziel, we offer free consultations so that you can understand the protections and benefits of bankruptcy and how filing with affect you and your family. We take the time to explain the bankruptcy process to our clients. We invite you to get to know us here and read about the clients we’ve helped here.
Find out more about Bankruptcy in our guide: All About Bankruptcy
The Law Offices of Barbara B. Braziel proudly serves Savannah, Richmond Hill, Hinesville, Pooler, Port Wentworth, Tybee Island, Clyo, Ellabel, Midway, Ludowici, Springfield, Pembroke, Brooklet, and Garden City, GA.
We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.