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Credit Counseling & Debtor Education

Credit Counseling & Debtor Education

Before you are allowed to file for Bankruptcy (BK), you will need to do a Credit Counseling class which is good for 6 months. You can receive the Certificate via on-line class or via regular mail. It should be via an Approved Credit Counseling agency. The prices will vary ($25-$50)  and some agency will waive the fee under certain Hardship Conditions.

After you file the BK and before you get discharged from the BK, you will need to complete a 2nd Certificate which is the Debtor Education. The approved agencies will offer both Certificates.

Some Frequently Asked Questions  (FAQs) – Credit Counseling  have been separated into six major areas by the U.S. Trustee for your viewing.

DEBT RELIEF AGENT:  CALL 888-200-8385, leave message  (FEES vary depending on your case)

EFFECTIVE January 1, 2016: We LIMIT our Bankruptcy Representation to INDIVIDUAL Chapter 7 Bankruptcy filing ONLY,  No Business bankruptcy, will be accepted by our law office after 1/1/2016.

ELIMINATE YOUR BAD DEBT - Chapter 7 Bankruptcy is the most common form of bankruptcy and was designed to provide people with a way out from the burden of debt they can longer pay. It is generally the quickest form of bankruptcy & allows indivduals to eliminate debt. It is the chapter of the Bankruptcy Code that provides for "liquidation," ( i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors), if any!

NOTE: We use the latest in technology to file your case electronically (ECF) with the Bankruptcy Court. We also gather all your creditors' information electronically via the three (3) Nationwide consumer reporting companies.  Furthermore, we electronically gather your last three (3) income tax return via a Verification Bureau, after getting your consent.


CHAPTER 7 BANKRUPTCY ELIMINATES MOST:

  • Credit Cards,  Medical Bills
  • Personal Loans.  Utility Bills
  • Repossessions,  Payday Loans
  • Judgements & Law Suits, * Wage Garnishments


KEEP ALL YOUR POSSESSIONS - Generally, people DON'T "LOSE" any of their assets in Chapter 7 bankruptcy because federal exemptions allow you to retain your property. You can obtain a "Discharge" of your debts between 4 to 6 months while getting "instant" relief from creditor harassment, bill collectors and collection agencies. Our legal office uses Electronic Case Filing (ECF) in Federal Courts for an immediate STAY (Stop) on debt collectors! 

ALTERNATIVES TO CHAPTER 7 relief - Debtors who are engaged in business, including corporations, partnerships, and sole proprietorships, may prefer to remain in business and avoid liquidation. Such debtors may consider filing a petition under chapter 11 of the Bankruptcy Code. Under chapter 11, the debtor can ask for an adjustment of debts, either by reducing the debt or by extending the time for repayment, or may seek a more comprehensive reorganization. Sole proprietorships may also be eligible for relief under chapter 13 of the Bankruptcy Code.

Individual debtors who have regular income may seek an adjustment of debts under chapter 13 of the Bankruptcy Code. A particular advantage of chapter 13 is that it provides individual debtors with an opportunity to save their homes from foreclosure by allowing them to "catch up" past due payments through a payment plan. The court may dismiss a chapter 7 case filed by an individual whose debts are primarily consumer rather than business debts if the court finds that the granting of relief would be an abuse of chapter 7. 11 U.S.C. § 707(b).

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                    1080 Park Blvd., Ste 1008            Copyright ©  Law Offices of Diane T. Letarte. All rights Reserved.  
                    San Diego, CA 92101   
                    619-233-3688, Fax: 619-233-3689        (e-fax: 888-400-6082)        dletarte@earthlink.net