NJ Bankruptcy Law Firms

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Chapter 7 Bankruptcy Requirements

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About Ralph A. Ferro Bankruptcy Lawyer

Chapter 7 Bankruptcy Requirements

Filing Chapter 7 Bankruptcy

Written and Verified by Ralph A. Ferro, Jr., Esq.

Filing Chapter 7 Bankruptcy Requirements:  two Debtor Education Courses are required.   

Before filing a Chapter 7 bankruptcy case, there is a requirement that debtors must complete the initial bankruptcy education course.   A credit counseling certificate is then supplied.    The second bankruptcy course requirement must be completed no later than 60 days after the meeting of creditors.  There are no exceptions,   If you do not complete these two courses, your bankruptcy will be incomplete and could be closed out.   As a result, the debtors owe all their debts. 

Below is example of a Chapter 7 Case wherein the debtor claimed he was disabled.  The reason he claimed to be disabled was that he was incarcerated.  That excuse does not hold up in bankruptcy court.   There are no exceptions to the requirements for filing bankruptcy.   One of the mandatory requirements are two debtor education courses.   

This company is approved by the Bankruptcy Court.   They offer the required debtor education courses.  https://www.debtoredu.com/

Chapter 7 Bankruptcy Case Background:

  • Husband and wife files a Chapter 7 bankruptcy petition
  • Wife files a Certificate of Credit Counseling
  • Petition states that Husband is not required to receive credit counseling.
  • The reason is due to a physical disability.
  • Bankruptcy Court files an Order to Show Cause.
  • Husband files an Exemption from Creditor Counseling with a supporting brief.
  • In his brief, the husband states that he is being physically held by law enforcement.
  • The prison facility’s policies and procedures render him disabled.

Bankruptcy Court Ruling:

  • In this case, incarceration is not a disability.
  • The Court has little or no authority to waive filing Chapter 7 Bankruptcy compliance.

2 Credit Counseling Courses are required Before You File Chapter 7 Bankruptcy and After You File  – no exceptions.

When you look to file Bankruptcy, Consult a Board Certified Bankruptcy Attorney .    https://njbankruptcylawfirms.com/ 

In this way, you will satisfy all the bankruptcy requirements, before and after your case.