QUESTION
Can a Chapter 7 BK petition be filed prior to obtaining credit counseling?
Asked on Jun 09th, 2012 on Bankruptcy - Texas
More details to this question:
In regard to the credit counseling required to complete a personal chapter 7 bankruptcy case, can the petition be filed before the credit counseling is completed with the understanding the counseling will be completed within 7 to 14 days?
14 ANSWERS
Barbara A. Fontaine
Do the credit counselling first. It helps in the filing.
Answered on Jun 14th, 2013 at 12:28 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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That isn't the law, but some jurisdictions are lax. Don't risk it.
Answered on Jul 05th, 2012 at 5:09 PM
Burton J. Green
It is my understanding of the counseling requirement that you will have to complete the class before filing. The class is only 1 1/2 hours long, more or less, there is no reason why you would not take the class before filing.
Answered on Jul 03rd, 2012 at 12:00 PM
You must complete the pre-filing credit counseling prior to filing your bankruptcy. The certificate can be filed with the court up to 14 days after you file, however the date on the certificate must be dated prior to your filing date.
Answered on Jul 02nd, 2012 at 3:42 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Only if necessary to stop a creditor.
Answered on Jun 30th, 2012 at 12:24 AM
No. Used to be you could get away with that. Then Congress fixed that. Boo!! Take the class.
Answered on Jun 29th, 2012 at 10:11 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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No. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Jun 29th, 2012 at 5:56 PM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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It is possible, but the practice is highly frowned upon. You should just take the course. You can do it on-line in one hour for as little as $5.00.
Answered on Jun 29th, 2012 at 4:11 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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No, you are required to take the first credit counseling course before filing, but they are very quick and not terribly expensive.
Answered on Jun 29th, 2012 at 11:54 AM
Bankruptcy Attorney serving Atlanta, GA
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Saedi Law Group, LLC
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No. The counseling must be completed first. There is an exception if there was no way for you to obtain the counseling before filing but this is RARELY granted since these courses can be done in person, on the phone, or online.
Answered on Jun 29th, 2012 at 11:25 AM
Daniel James Wilson
No it can't.
Answered on Jun 29th, 2012 at 10:51 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It is much easier to obtain the counselling prior to filing the bkr. It does not cost much and there is no real reason not to get it done and be able to prove that it has been done prior to filing.
Answered on Jun 29th, 2012 at 9:55 AM
Bankruptcy Attorney serving Grand Rapids, MI
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David Andersen & Associates, PC
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You have to complete the credit counseling prior to filing. In limited situations, you can get a waiver. The majority of the counseling classes online take an hour and will get you the certificate the day you take the class.
Answered on Jun 29th, 2012 at 9:49 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. For emergent reasons you can file the petition prior to completing the credit counseling. However, the counseling only takes about 1-2 hours to complete online. www.cricketdebt.com
Answered on Jun 29th, 2012 at 9:48 AM