April 22, 2024


General Attorneys

Can A Bankruptcy Attorney Help You Avoid Credit Counseling?

2 min read
Can A Bankruptcy Attorney Help You Avoid Credit Counseling? A bankruptcy attorney can help you...

Can A Bankruptcy Attorney Help You Avoid Credit Counseling?

A bankruptcy attorney can help you navigate the complex legal maze that is the bankruptcy process, but can they help you avoid the credit counseling that is part of the requirement in this type of case? The answer is no, and there is a reason why the credit counseling requirement was passed relating to filing for bankruptcy. The reasoning behind this specific requirement is the belief that any bankruptcy lawyer or other professional can help arrange for the required credit counseling, so it would not pose an undue burden on those who file for bankruptcy protection. If the individual is facing bankruptcy the law wants to ensure that the past financial mistakes do not happen again, greatly reducing the need for another bankruptcy filing in the future. This requirement is intended to help consumers who file for this protection, not punish them, and it is not possible for a bankruptcy attorney to waive this requirement in most cases.

In most cases the bankruptcy attorney that you choose can arrange for the mandatory credit counseling session with an independent third party credit counseling service. The truth is that the mandatory credit counseling sounds worse than it is. Whether your bankruptcy attorney arranges the counseling session or you do it yourself the process is the same. You will answer numerous questions about your income, expenses, and the reasons for your financial difficulties. The credit counselor will offer advice on ways to avoid these same mistakes in the future, and express the importance of your credit rating and scores. Once this step is finished then a certificate of completion will be provided to you, or to your bankruptcy attorney if you choose. This certificate is proof to the court that you have met the credit counseling requirement, and your bankruptcy case can proceed.

While a bankruptcy attorney can not help you avoid credit counseling they can arrange it, and work with you so that you can meet this requirement. If you can not show verification that you have undergone the mandatory credit counseling then your bankruptcy attorney may choose to arrange it, or refuse to handle your bankruptcy case. While your lawyer will do everything possible to get you the desired results from your bankruptcy case it is essential that you follow the advice given by the bankruptcy attorney you have chosen. This will prevent any delays in the case, and get you the fresh financial start that you want and need. If you have a hard time financially there is help available.

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