The Credit Counseling Requirement

Bankruptcy law requires two courses -- one before filing and one before discharge. Missing either one can destroy your case.

Two required courses

CourseWhenStatuteDuration
Pre-filing credit counselingWithin 180 days BEFORE filing11 U.S.C. § 109(h)60-90 min
Post-filing debtor educationAFTER filing, before discharge11 U.S.C. § 727(a)(11)60-120 min

Course 1: pre-filing credit counseling

Complete within 180 days before filing. Covers your financial situation, alternatives to bankruptcy, and budget analysis. The counselor evaluates whether a debt management plan could work -- you are not required to accept it.

After completing, the agency issues a certificate. File it with your petition or within 14 days.

11 U.S.C. § 109(h)(1): "An individual may not be a debtor under this title unless such individual has [...] received from an approved nonprofit budget and credit counseling agency [...] an individual or group briefing."

Course 2: post-filing debtor education

A separate course covering personal financial management, budgeting, and responsible credit use after bankruptcy. Must be completed after filing but before the court enters your discharge. If you do not file the certificate, the court will close your case without a discharge.

Finding an approved agency

Only U.S. Trustee-approved agencies count. The official list is at justice.gov/ust under "Credit Counseling & Debtor Education." Courses available online (24/7), by phone, or in person. Many agencies offer courses in Spanish.

Do not skip these. Filing without a counseling certificate = case dismissed. Not completing debtor education before the deadline = no discharge. These are non-negotiable requirements under federal law.

Reduced fees available. Many agencies offer free courses for low-income filers. If you are applying for a filing fee waiver, mention this -- agencies often waive their fee too.

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