Credit Counseling Before Bankruptcy

Everyone who files a bankruptcy must get a credit counseling certificate before the bankruptcy can be filed. There are almost no exceptions.

You do not have to pay your bills in a debt repayment plan through a credit counselor.  In fact, the credit counselors say 1 to 3% of people who do the pre-bankruptcy counseling can afford to pay their bills.  This requirement was put into the law to deter you from filing bankruptcy.

All you have to do is “attend” a one-time briefing to discuss your finances and get information about your bankruptcy and non-bankruptcy options, then you are given a certificate. You can do this in person, over the telephone, by mail or over the Internet.  We will assist you in getting this briefing.  If you have not already done this step, please wait and discuss with us how best to accomplish this.

Here are approved credit counselors we recommend:

Consumer Financial Education Foundation of America (CFEFA) by Internet and telephone, $35 (paid through our office prior to case filing)

Hummingbird Credit Counseling and Education on the Internet, $49 (paid through our office prior to case filing)

Housing and Credit Counseling, Inc., in person in Topeka, Lawrence and Manhattan, $45, (paid to HCCI at time of counseling) 1195 SW Buchanan, Suite 101, Topeka, KS 66604-1183, 785-234-0217.

Consumer Credit Counseling Service, Inc., in person or telephone, $50 for individual, $75 per couple, Salina, Wichita, Hays, Hutchinson, Garden City, (paid to CCCS at time of counseling)

A FREE internet service for getting your certificate of credit counseling for bankruptcy.  This service is internet only and goes not guarantee delivery of your certificate. The web site says the process takes up the five days after you enter your information.  Do not use this service if you need to file your bankruptcy case right away, but if you are not in a hurry, free is free. You will be responsible for getting your certificate over the internet and bringing it to us. Some people have reported to us being charged $5.00.


AFTER bankruptcy financial education course

Free Pre-Bankruptcy Credit Counseling provides free pre-bankruptcy credit counseling.  This service is internet based only.  It does not provide in-person or telephone service.  It is funded by charitable donations.

Do not use this service if you need to file bankruptcy right away.  This service does not guarantee delivery of the certificate.  It may take up to five days after you enter the date into the software.  You will be responsible to get the certificate to your attorney.

If you are not in a hurry and have internet service, this free service may be for you.

Credit counseling must be obtained within the past 180 days to file bankruptcy.

No Counseling for Involuntary Bankruptcy

In re Sims, Case No. 08-41668
January 2009, Judge Karlin

109(h) pre petition counseling requirements do not apply to an involuntary debtor.

Digest by:  Jan Hamilton, Trustee

Foreclosure No Excuse for No Credit Counseling Before Bankruptcy

In re Thomas, Case No. 06-10242
March 2006, Judge Nugent
Pro se case dismissed for failure to obtain credit counseling. Certificate of exigent circumstances which recites pending foreclosure insufficient, case dismissed. 109(h)(1).

Wieland Named U.S. Trustee for Kansas

Richard Wieland

Richard Wieland

Richard A. Wieland has been named U.S. Trustee for Region 20, which covers Kansas, Oklahoma and New Mexico.

Wieland has been serving as acting Region 20 U.S. Trustee since September 1, 2007. He is familiar to the Kansas bankruptcy bar, having been a trial lawyer in the Wichita office since 1988. When the Bankruptcy Abuse Prevention and Consumer Protection Act was enacted in 2005, he played a pivotal role in implementing the consumer credit counseling and debtor financial management education requirements for the Executive Office of the U.S. Trustee in Washington, D.C

The U.S. Trustee program is charged with overseeing bankruptcy case administration. Region 20 offices are headquartered in Wichita with additional offices in Oklahoma City, Tulsa and Albuquerque.

Here is a link to the official EOUST press release.

Verified by MonsterInsights