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Trustee Waives Pre-Bankruptcy Counseling Requirements

R. Michael Bolen, the U.S. Trustee for Region 5, has determined that the moratorium on bankruptcy counseling and debtor education should continue in the Eastern District of Louisiana, which includes the Greater New Orleans area.

One of the more controversial measures added to the Bankruptcy Code with the passing of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) was the requirement that debtors undergo credit counseling before filing for bankruptcy and debtor education before getting a discharge in bankruptcy.

As an acknowledgment of the problems facing Hurricane Katrina and Hurricane Rita victims, the entire State of Louisiana and the Gulf Coast of Mississippi were initially exempt from the credit counseling and debtor education requirements.

Since then, the exemption from credit counseling and debtor education has been lifted for all area except the Greater New Orleans area.

In a recent news release, Mr. Bolen announced that the exemption from credit counseling and debtor education will continue until at least March 31, 2009.

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