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With the new law passed in 2005 in regards to the filing of
chapter 7 bankruptcy, it became law that anyone filing must
first get pre-bankruptcy debt counseling.
The debtor must get counseling and certification from a
non-profit credit-counseling agency before the forms can be
filed for your bankruptcy.
This usually entails one or more counseling sessions and
when completed, certification so you can proceed with the
There is work you need to do even before you get your
pre-filing credit counseling certification. There are forms
you will need to have filled out during your sessions.
One is the income certification form. This exposes your
income and includes a fee schedule. There is also a budget
form that will need to be filled out. It is pretty
With these forms complete, and your certification now
complete, you will need the non-profit credit counselor to
fill out your affidavit and agreement for credit
counseling. Your attorney, along with a copy of your state
ID, must also notarize this form.
All of these forms must be presented to the court clerk
before you begin to file your bankruptcy paperwork along
with a notable fee.
Many companies offer this service not only in their office,
but also online with one-on-one telephone counseling
sessions. Once you have completed these steps, you are
ready to file the paperwork with your bankruptcy court.
Be prepared though because following the court process,
there will be another counseling session you must attend.
This time it is a financial planning session, which will
help you get back on track to a financially better future.