What to Know About Credit Counseling for
Bankruptcy
For many people, bankruptcy is
the final resort after a severe struggle with debt. It’s not a decision people
make lightly. Depending on whether you
file
for Chapter 7 (liquidation) or Chapter 13 (reorganization) bankruptcy
, it
can take months or years to complete the process. Your damaged credit score
does begin to improve once your debt is erased, or “discharged,” but it may
still be hard to borrow money for years after your bankruptcy.
Even so, it may be the best way
to get your financial house back in order when faced with unmanageable debt. If
you decide on bankruptcy, you’ll need to work with an attorney and complete
mandatory
credit
counseling
through government-approved agencies.
We asked Thomas Nitzsche of Clearpoint, a nonprofit
credit counseling agency and member of NerdWallet’s Ask an Advisor network, about what to
expect from
credit
counseling for bankruptcy
.
What kind of credit counseling is required when
you file for bankruptcy?
Anyone filing for bankruptcy must
receive two certificates: one for pre-filing bankruptcy counseling and one for
a pre-discharge education course. The counseling and certificates must be from
a consumer credit counseling agency approved by the Executive Office for U.S. Trustees, which
oversees bankruptcy cases and is part of the Department of Justice. These rules
are according to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,
which reformed bankruptcy laws.
What can you expect when you go through
pre-filing counseling?
The idea behind this counseling
is to help make sure you know what you’re getting into, what
your alternatives may be and the extent of the consequences.
This counseling typically
includes a complete review of your financial situation, including current
income, household budget and a list of all unsecured debt. Counselors will
discuss alternatives to bankruptcy, like debt consolidation,
debt management, direct negotiation with your creditors or, in some rare cases,
taking no action at all if you’re “judgment-proof.” They’ll also make sure you
understand the consequences of bankruptcy: that it will stay on your credit
report for up to 10 years, that you may have a hard time getting loans, that
you’ll pay higher prices for certain financial products or services, and that
you may even have a hard time getting hired by some employers.
The process takes about an hour.
The price for this service varies by state and any arrangements the agency may
have made with your attorney, but it’s typically $20 to $50. At Clearpoint, an
approved agency, clients can earn their pre-filing counseling certificate
in an easy online session. Clients enter their relevant information and then
have a live chat session with a certified counselor.
What’s covered in pre-discharge counseling?
After filing for bankruptcy, you
also must take a pre-discharge education course. The course lasts two
hours and is evaluated by the Justice Department to ensure the topics are in
compliance, but agencies aren’t provided with a standard curriculum.
Clearpoint’s course covers
personal finance topics in depth, including things like budgeting, financial
products and tools, credit scores, contracts and consumer protection laws. It
includes interactive tools, including pre- and post-tests, to measure the
level of knowledge about these topics, which are important to understand in
order to re-establish personal finances, rebuild credit and avoid getting
back in debt. Clients also have access to certified counselors via live chat to
answer questions. The online course allows filers to meet the
necessary requirements to earn their bankruptcy pre-discharge education
certificate. The cost is $50 per household.
How can you get the most out of your credit
counseling for bankruptcy?
To get the most out of bankruptcy
counseling, make sure you receive services from a reputable agency. Not only
must you choose an agency approved by the government, but it’s best
to seek a nonprofit agency that is a member of the
National Foundation for Credit
Counseling and in good standing with the Better Business Bureau. If
you wish, you can switch to a different agency for the second counseling
session.
Once you’re enrolled, make sure
you commit to your counseling. While you can exit and re-enter the online
platform as needed, it’s a good idea to set aside a block of time dedicated to
these sessions. Couples filing for bankruptcy jointly don’t have to take
the sessions together, but everyone who needs a certificate must
attend a counseling session and an education course.
Ask the counselors to explain
anything you don’t understand. They’ll answer your questions, as long as
they’re not legal queries you should ask your attorney.
Thomas Nitzsche is the media
relations manager at
Clearpoint Credit Counseling Solutions.
The article
What to Know About
Credit Counseling for Bankruptcy
originally appeared on NerdWallet.