In 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act amended the U.S. Bankruptcy Code not only by changing the eligibility requirements for consumers seeking bankruptcy relief under both Chapter 7 and Chapter 13, but also limited the circumstances under which these individuals could be granted a discharge by requiring that each debtor undergo government approved pre-bankruptcy credit counseling before any debts could be discharged through bankruptcy.
How Pre-Bankruptcy Credit Counseling Benefits Consumers
Although finding a government approved credit counselor is often a hassle for consumers who don’t want to face the additional costs of credit counseling in addition to bankruptcy fees and attorney fees, the pre-bankruptcy credit counseling requirement was designed to benefit consumers in the following ways:
- Credit counselors can help a consumer avoid bankruptcy by negotiating payments with his creditors that he can afford.
- Credit counselors can inform individuals of alternate options, such as debt settlement, that a bankruptcy attorney is unlikely to mention.
- Pre-bankruptcy credit counseling teaches vital debt management skills to consumers that help them avoid additional debt problems in the future.
How Pre-Bankruptcy Credit Counseling Benefits Creditors and the Court
Consumers aren’t the only ones who benefit from the pre-bankruptcy credit counseling requirement. The regulation also holds money-saving benefits for the U.S. court system and creditors.
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