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Nassar Law blog


Can I be exempt from taking a credit counseling course prior to filing for individual bankruptcy?
07 February 2013

In general, most debtors must complete both a pre-petition credit counseling course and a post-petition financial management course. These courses can be done online or by telephone and are relatively inexpensive and only takes approximately an hour of time per course.

However, there are a few exceptions to the credit counseling requirement for some debtors. One exemption is for active members of the military in a combat zone.

A second exception is a for debtor who is incapacitated (as defined in 11 U.S.C. § 109(h)(4)). Here, incapacity means that the debtor is impaired by reason of mental illness or mental deficiency so as to be unable to make rationed decisions regarding his or her financial obligations.

The third exception is for physical disability (as defined in 11 U.S. C. § 109(h)(4)). Here, disability means that the debtor has a physical impairment which adversely affects his or her ability to participate in credit counseling, including by telephone or by internet.

Absent any of these exceptions, a debtor is required to participate in both a pre-petition credit counseling course and a post-petition financial management course. Please contact our office to schedule to obtain the experienced assistance of attorney, Gregory E. Nassar.

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