credit counseling for bankruptcy
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A Chapter 13 case could be dismissed because the debtor failed to complete both the Internet and telephone portions of his mandatory prepetition credit counseling, the 6th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.
Section 109(h) of the Bankruptcy Code generally requires that a debtor must have completed credit counseling with an approved agency during the 180-day period preceding the date of filing for Chapter 13 protection.
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WASHINGTON, Oct. 4 /U.S. Newswire/ -- The United States Trustee Program today announced a temporary waiver of the statutory requirements for credit counseling for bankruptcy filers in Louisiana and the Southern District of Mississippi due to the effects of Hurricane Katrina. The Program also announced approval of 41 credit counseling agencies for bankruptcy filers. There are approved credit counseling agencies serving all federal judicial districts for which the United States Trustee Program is responsible.
The list of approved credit counseling agencies is posted on the Program's web site at http://www.usdoj.gov/ust. More credit counseling agencies will be added to the list as they are approved by United States Trustees.
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From Associated Press, New York Times and Bloomberg News reports
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To: LEGAL AFFAIRS EDITORS
Contact: Kathryn Rodenmeyer, +1-601-366-2493, mosaicmedia@bellsouth.net
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SILVER SPRING, Md. -- The National Foundation for Credit Counseling (NFCC) said today that its members expect to provide more than twice as many couns...
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We would also like to say to those in foreclosure to not be afraid to call us; those that are behind on their payments, they should call us; those that need money management; those that need someone to help them set short-term goals, we can assist them and their families," [Smith-Vincent] said. "Give us a call. We are more than happy to assist them. Our services are free except for credit reporting, debt management and bankruptcy counseling. Our hours are very flexible.
"What we're doing for those that are coming to us is preparing them and making sure they are placed with a reliable lender that will assist them in their home purchase," Smith-Vincent said. "We are also working with those who are in foreclosure, advocating with their lenders, so they can continue to stay current on the...
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A debtor may "commence" a bankruptcy case and receive the protection of the automatic stay - even though he has failed to meet the new credit counseling requirements for bankruptcy eligibility, the 2nd Circuit has ruled in reversing judgment.
Section 301 of the Bankruptcy Code provides that a case is commenced by the filing of a petition by an entity that "may be a debtor" under a particular chapter.
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The credit card industry has been in an uproar for years complaining that they're losing billions of dollars because of the debtor's ability to file a Chapter 7 bankruptcy, thus avoiding making payments on unsecured debt. Unsecured debts are primarily credit cards and medical bills. Interesting to note that the top two reasons people file for bankruptcy protection is because of medical bills and credit card debt. Given the fact that lawmakers were unwilling to make sweeping changes to the bankruptcy law in prior years, many of the major creditors created relationships with the consumer credit counseling type of companies. In fact, to this day, many of the major creditors contribute up to 85 percent of the funding generated by consumer credit counseling type of companies. Consumer credit...
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SILVER SPRING, Md. -- Credit counseling industry leaders from across the country will gather in Albuquerque, New Mexico, September 19-21, for the NFCC...
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DAYTON -- Attorneys, credit counselors and court workers in the trenches say the new bankruptcy law, which went into effect last Oct. 17, has driven up costs and created more obstacles for people in financial distress.
And the requirement that people filing for bankruptcy get credit counseling is usually too little, too late.