Posted On: March 11, 2010 by Scott Sagaria

San Jose Attorney on Credit Counseling & Debtor Education

A San Jose Bankruptcy Attorney comments on necessary steps during bankruptcy...

When in the planning and implementation stages of filing for bankruptcy, San Jose bankruptcy attorneys want you to know that it is essential for the debtor to understand some of the requisites needed to file and obtain a discharge in their bankruptcy case. One thing everyone filing for bankruptcy needs to know is the relative timeline involved with their specific case as it relates to credit counseling and debtor education courses. Possession of this knowledge is specifically important for a Chapter 7 Bankruptcy. When in the process of filing for Chapter 7 one must understand that they will be eligible to obtain a discharge much faster than in Chapter 13 . When in Chapter 7, the approximate time from filing and discharge is anywhere from 90-120 days, so keep this in mind.

It is mandatory that EVERY debtor (there are few exceptions to this) take and complete two courses in order to obtain a discharge in their case. These courses have been required since the The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 which not only birthed the Means Test , but section 109(h) of this Act defines the guidelines for Credit Counseling & Financial Management Courses. (See www.usdoj.gov for more info).

One of the most frequently asked questions relating to these courses are “can I take both of these courses at once?” unfortunately the answer to this question is No, you must complete CC before you file, and Debtor Education afterwards. Most approved agencies offer both courses either telephonically or online.


If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram downstopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

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