What is a Budget Counseling Requirement?

The bankruptcy code requires that all debtors obtain personal financial management counseling (also called “budget counseling”) prior to receiving a discharge in the bankruptcy case. After you declare bankruptcy, but before you obtain any discharge in the case, you must obtain a certificate indicating that you received this approximately 2 hour long seminar. Nova Law Group recommends that this personal financial management counseling occur with the same organization that performed your credit counseling before the filing of your bankruptcy case, although this is not required. In any event, you should select an organization that is listed on the United States Trustee’s website as being a certified service.

Budget counseling must be obtained within 45 days of the first meeting of creditors, but after the filing of your bankruptcy case. Failure to present evidence of a certificate of budget counseling to the court will likely result in the dismissal of your bankruptcy case without a discharge.

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