09 Dec How to Find a Credit Counseling Vendor Who Speaks Your Language
As you probably know, before you can file most consumer bankruptcy cases, you will need to obtain a credit counseling certificate from an approved vendor. The U.S. Trustee’s website offers a handy tool that will help you identify credit counseling vendors in your State. In addition, the Trustee’s website allows you to search for vendors who can offer counseling in languages other than English. Here is the link:
In theory, if there are no available approved credit counseling agencies who can provide counseling to you in your particular language, you can file without the credit counseling certificate and ask the judge for a waiver pursuant to Bankruptcy Code Section 109(h).
It appears to me, however, that the credit counseling requirement is a part of the law that the U.S. Trustee takes very seriously and that failure to obtain counseling has led to the dismissal of a number of cases and tragic loss of assets. In addition the counseling process itself is fairly passive and has essentially devolved into a $35 to $50 ticket into bankruptcy.
Therefore I advise my clients not to take any chances with the credit counseling part of the bankruptcy process. Grit your teeth, pay the $50 and get the certificate. You’ll have plenty to worry about in your bankruptcy case – there is no reason to add a credit counseling certificate dispute to that list.
by Jonathan Ginsberg, Atlanta bankruptcy lawyer
Jonathan Ginsberg, Esq.
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