Dear readers, we’ve gotten through the bankruptcy petition. It took us four separate blog-entries just go get through the bankruptcy petition. Of course, before you can even file a bankruptcy petition, you’ll need to take credit counseling first.
And not just any credit counseling will do. You have to take credit counseling from a credit counseling agency approved for your district by the United States Trustee. You remember the United States Trustee, don’t you? They are the nice people who are a division of the Department of Justice. They oversee all bankruptcy cases in the United States – well maybe the courts do that. Still the United States Trustee has the right to show up in Court and express their views on any issue in any case.
The credit counseling course has to be taken before you file your bankruptcy case. But not too far before – no more than 180 days before. Don’t wait till the last second. Credit counseling the day of your filing is not accepted in most courts. And credit counseling after your filing isn’t accepted anywhere.
Once you take your credit counseling, make sure you file your credit counseling certificate with the court. And make sure that you say that you took credit counseling on Exhibit D to your petition too.
Gee, we’re still dealing with your petition. See how easy it is to file a bankruptcy petition. Maybe you want help from an attorney after all.
Tagged as:
credit counseling,
Exhibit D,
filing for bankruptcy
David Leibowitz holds a B. A. in Economics from Northwestern University and received his J.D., cum laude, from Loyola University of Chicago School of Law where he also served as Note Editor of the law review. Admitted to the Illinois and Wisconsin bars, he is the managing member of Lakelaw, an interstate law firm with offices in Chicago, Skokie and Waukegan in Illinois and Kenosha, Wisconsin.
He is nationally recognized for his work in identifying and pursuing mortgage related claims in the context of bankruptcy. David is a member of both the Illinois and Wisconsin bars and has practiced in bankruptcy courts throughout the country. He is a member of the American Bankruptcy Institute where he is the Co-Chair of the Commercial Fraud Committee. He is ta frequent contributor to the ABI Journal and speaker at ABI events. He is an author and editor in chief of the American Bankruptcy Institute Fraud Manual published in 2010. He is also a member and Director of the National Association of Bankruptcy Trustees, a member and frequent speaker for the National Association of Consumer Bankruptcy Attorneys and numerous state and local bar associations. He is Board Certified by the American Board of Certification in both Consumer Bankruptcy Law and Business Bankruptcy Law.
David is also the publisher of Lakeblawg, www.lakelaw.com/lakeblawg, a blog dedicated to consumer and small business bankruptcy and mortgage foreclosure defense.
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