It isn’t difficult to file for bankruptcy and be accepted by the courts. But there are certain requirements that have been put in place to help people ensure they don’t land up with the same kinds of problems again.
For this reason, it isn’t permissible to file for Georgia bankruptcy unless you have had acceptable credit counseling. This won’t play a role in preventing bankruptcy, but will rather be helpful in terms of enabling people who have filed for bankruptcy deal with money issues after bankruptcy.
Credit Counseling Courses
Courses are approved specifically for Georgia bankruptcy filers, and those who pass the course receive a certificate that must be filed when the bankruptcy application is filed.
But there are some exemptions. For instance, if you have genuine physical or mental problems and cannot follow through with the process, you may be declared exempt. Those on active military duty in what has been declared as a “combat zone” don’t have to go that route. Also, if there is some other legitimate reason that prevents you from undergoing Georgia credit counseling before you file, then you can petition the court and request that you undertake credit counseling after you have filed.
At the end of the day though you will have to go through the credit counseling process if you want to be declared bankrupt in Georgia.
The Role of Trustees in Georgia Bankruptcy
There are a number of US trustees that have been approved to provide pre-bankruptcy credit counseling services in Atlanta, Georgia. They don’t all provide exactly the same service or charge the same fee, but the requirements and results are the same. Counseling may also be completed via online services provided the agency is approved.
Even though there are specific differences that relate to Georgia bankruptcy, bankruptcy law is a federal law, and the national US Trustee Program has core values that apply to every state. These demand that trustees:
- have integrity and maintain the highest ethical standards
- are fair, impartial and honest
- respect all the people they deal with
- aspire to excellence to ensure an effective and efficient service
- remain accountable
Ultimately the program is intended to protect the integrity of the US bankruptcy system.
The Credit Counseling Process for Atlanta Bankruptcy
In terms of the Bankruptcy Act, all debtors who plan to file for bankruptcy must undergo credit counseling no more than six months prior to filing for relief. They must also complete an instructional financial management course after filing.
Credit counseling sessions generally don’t last very long (usually between an hour to and hour-and-a-half) unless there are technical issues. Once the session is complete, the trustee will provide written confirmation that credit counseling is complete. This is the document that must be filed with the other papers required by the Court.
If you are planning a Georgia bankruptcy you’re going to need legal assistance. The bankruptcy attorneys at C. Golden & Fleming in Atlanta will help ensure that the process is carried out as quickly, efficiently, and painlessly as possible. Call us for a consultation.