An Essential: The Step You MUST Take Before Filing a Chapter 7 Case
November 20, 2009 11:34 am Chapter 7 Bankruptcy, Chapter 7 FAQ
“Is there anything that I must do before I can file a Chapter 7 case?”
YES!
This is one of the top questions I hear as a New York and Pennsylvania bankruptcy attorney. The answer is an emphatic YES. There is a very important condition that you must meet before you are eligible to file a Chapter 7 case.
It boils down to getting expert help to assess your credit and financial situation.
You will not be permitted to file a Chapter 7 case unless you have, during the 180-day period prior to filing, received from an approved nonprofit budget and credit counseling agency an individual or group briefing that outlined the opportunities for available credit counseling and assisted you in performing a budget analysis.
This briefing may be conducted by telephone or on the Internet, if desired, and must be paid for by you.
When your Chapter 7 case is filed, a certificate from the agency describing the services provided to you must be filed with the court.
A copy of any debt repayment plan prepared for you by the agency must also be filed with the court.
Please note: In emergency situations, the required credit counseling MAY be conducted after the case is filed.
It can be very confusing to balance the stress of overdue bills with the dates, requirements and exceptions for filing a bankruptcy case. Let me know if you have any questions and if I can elaborate on details to match the specifics of your situation.
Thanks for reading,
Matt
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Matt Hughson
New York Bankruptcy Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: mhughson@zifflaw.com
Web: http://www.zifflaw.com
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