Bankruptcy

How to file bankruptcy ? number 5 of a series

By David Leibowitz, Illinois and Wisconsin Bankruptcy

Dear readers, we’ve gotten through the bankruptcy petition.  It took us four separate blog-entries just go get through the bankruptcy petition.  Of course, before you can even file a bankruptcy petition, you’ll need to take credit counseling first.

And not just any credit counseling will do. You have to take credit counseling from a credit counseling agency approved for your district by the United States Trustee.  You remember the United States Trustee, don’t you? They are the nice people who are a division of the Department of Justice. They oversee all bankruptcy cases in the United States – well maybe the courts do that. Still the United States Trustee has the right to show up in Court and express their views on any issue in any case.

The credit counseling course has to be taken before you file your bankruptcy case. But not too far before – no more than 180 days before. Don’t wait till the last second.  Credit counseling the day of your filing is not accepted in most courts. And credit counseling after your filing isn’t accepted anywhere.

Once you take your credit counseling, make sure you file your credit counseling certificate with the court. And make sure that you say that you took credit counseling on Exhibit D to your petition too.

Gee, we’re still dealing with your petition.  See how easy it is to file a bankruptcy petition.  Maybe you want help from an attorney after all.

Full post as published by Bankruptcy Law Network on March 15, 2010 (boomark / email).