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Austin Bankruptcy - Mandatory Bankruptcy Credit Counseling

Austin Bankruptcy Credit Counseling & Debtor Education

If you are considering filing for “consumer” bankruptcy, otherwise known as personal bankruptcy in the Austin, Texas area, you are required to get credit counseling from a credit counseling agency approved by the US Trustee’s Office for the Western District of Texas. This mandatory credit counseling must be completed before you file for bankruptcy. If you are considering bankruptcy, contact the Austin Bankruptcy Attorneys at The Law Offices of R.J.Atkinson for a free bankruptcy evaluation.

The mandatory Credit Counseling can be done over the phone, via the internet, or in person. It is a mandatory requirement that it be completed within the 6 months before filing for bankruptcy. You are required to provide the Bankruptcy Court a certificate of credit counseling with the filing of your bankruptcy case evidencing you actually received the counseling session.

The majority of approved credit counseling agencies charge around $50.00 for the session which takes about an hour. Although the bankruptcy law states that an approved Credit Counseling agency must provide the counseling session based on your ability to pay a fee, there is no standard or test to determine your ability to pay the counseling fee.

This mandatory Credit Counseling may be waived for those who are disabled, physically incapacitated, or who may be active duty military in the middle of a war zone. Additionally, the bankruptcy law may allow you to take the credit counseling course within 30 days after the filing of the bankruptcy case if you can show that you were unable to take it right before the filing, and that some extremely special circumstance required filing the bankruptcy case right away. Now even though there is an exception available, it is quite a rare occasion where the Bankruptcy Court has allowed this exception. Don’t wait to the last minute or the morning of a foreclosure sale to take the mandatory Credit Counseling or it may be too late.

In our experience the mandatory pre-bankruptcy credit counseling has had little or no impact on eligible those who decide to file for Bankruptcy. Most people who visit our office are usually beyond the counseling stage when they come in. In the majority of cases we file, by the time a person starts to think about Bankruptcy as a Debt Relief option, there are seldom any viable non-bankruptcy options that can address their financial problems.

We recommend that you not complete the counseling course until after you have spoken with an attorney.

In addition to the pre-bankruptcy credit counseling, the new bankruptcy law also requires debtors to obtain post-petition debt education or budget counseling session before they can receive their discharge in bankruptcy. So after your bankruptcy case is filed, you’ll need to complete a financial management course approved by the US Trustee’s Office. If you don’t complete this course then you will be denied a discharge.

The cost for this course is between $50.00 to $75.00 and like the pre-bankruptcy Credit Counseling, it can be completed online. The course usually takes a couple of hours to complete.

For Chapter 7 Bankruptcy cases, you must complete the course within 45 days after the creditors meeting which is usually around 3 months after your case is filed. For Chapter 13 Bankruptcy cases, you must complete the course before making the last payment in your Chapter 13 repayment plan which is between 3 and 5 years after your case is filed.

If you live in Travis, Bastrop, Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San Saba, Washington, or Williamson counties then you are located in the Western District of Texas Austin Division. The list of Credit Counseling Agencies Approved by the US Trustee’s Office pursuant to 11 U.S.C. § 111 and the list of Post Bankruptcy Education providers is available by Clicking Here

If you live in the Austin, Texas area and are considering filing for bankruptcy debt relief or if you have questions regarding more detailed or specific questions about mandatory pre-filing Credit Counseling contact The Law Offices of R.J.Atkinson for a free bankruptcy evaluation.

Austin Bankruptcy Debtor Education & Mandatory Pre-Bankruptcy Credit Counseling

Contact Austin Bankruptcy Attorney R.J.Atkinson: 512-617-2899

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Filing Bankruptcy can sometimes be the fastest way to get out of debt and may be the most affordable way to get a fresh financial start. Chapter 7 Bankruptcy can quickly wipe out your debts, increase your credit score, stop wage garnishments, get rid of credit card debt, eliminate medical bills, stop payday loans, stop bill collectors, erase negative credit reporting, and reestablish new credit after bankruptcy. RJ Atkinson — Austin Bankruptcy Lawyer have payment plans to make filing Chapter 7 or Chapter 13 Bankruptcy affordable which include low cost flat fees for Chapter 7 that may be considered the cheapest bankruptcy attorney fees compared to fees other bankruptcy lawyer charge. Chapter 13 Bankruptcy can save your home from foreclosure, save your car from repossession, lower monthly payments, reduce interest rates, get rid of late fees, reduce credit card interest, payoff high credit card debt, raise your credit score, stop creditor harassment, get rid of debt, reduce debt, eliminate creditor calls at work, stop collection calls, start over financially, discharge debts and/or be debt free in 3 to 5 years. IRS tax problems, tax levies, wage garnishments, back taxes, payroll taxes, income taxes can often be handled in Chapter 13 bankruptcy. Divorce/Bankruptcy – past due child support arrears, alimony, spousal support, and divorce debt can often be handled in chapter 13 bankruptcy. The Law Offices of RJ Atkinson handles debt consolidation, loan modifications, credit card debt settlement, debt negotiation, lawsuit defense, IRS problems, credit card lawsuits, TROs temporary restraining orders to foreclosure, forbearance agreements to foreclosure, FDCPA Fair Debt Collection Practices Act lawsuits, FCRA Fair Credit Reporting Act lawsuits, credit report disputes, debt collection lawsuits, adversary complaints in bankruptcy, bankruptcies, foreclosure workouts, mortgage short sales, real estate property tax disputes, civil litigation, commercial litigation, tax lawsuits, small business bankruptcy, corporate bankruptcy, business creditor representation, and most every kind of debt related issue or financially based legal problem on a case by case basis.

Austin Bankruptcy Attorney at RJ Atkinson handle Personal Bankruptcy and Business Bankruptcy cases in and around Austin TX Travis County, as well as the Counties of Williamson, Bastrop, and Hays. If you live in Austin and would like to file for Bankruptcy, the Austin Bankruptcy Lawyer at RJ Atkinson represent people and businesses in Bankruptcy proceedings throughout the Austin area. We accept bankruptcy cases in Austin Texas, Georgetown Texas, Round Rock Texas, San Marcos Texas, or in the Cities of Barton Creek, Bartlett, Bastrop, Bear Creek, Bee Cave, Blanco, Briarcliff, Buda, Cedar Park, Creedmoor, Coupland, Dripping Springs, Elgin, Florence, Garfield, Georgetown, Granger, Hutto, Hudson Bend, Jollyville, Jonestown, Jarrell, Johnson City, Kyle, Lago Vista, Lakeway, Leander, Liberty Hill, Lost Creek, Luling, Manchaca, Manor, Mountain City, Norman’s Crossing, Onion Creek, Pflugerville, Point Venture, Rollingwood, San Leanna, Shady hollow, Smithville, Sunset Valley, Taylor, Thorndale, Thrall, The Hills, Volente, Waterloo, Weir, Webberville, Wells Branch, West Lake Hills, Wimberley, Windmere, Woodcreek, or most anywhere in the Austin area.
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