Before Filing Chapter 13 in New York City, What Do I Need to Do?
Any bankruptcy petitioner as of 2005 filing either a Chapter 7 or Chapter 13 bankruptcy is required to complete an approved credit counseling course. Before you will be allowed to file bankruptcy you must consult with an approved non-profit credit counseling agency to determine if there is a better way for you to handle your debts other than bankruptcy. The good thing is your bankruptcy attorney will be able to assist with this process by giving you the contact information of approved providers and even telling you how to take the course for free when eligible. A qualified bankruptcy attorney will make the Chapter 13 pre-filing requirements easy to execute and will use the determination from the non-profit agency to help decide if you should be filing for Chapter 13.
In order to qualify for Chapter 13 bankruptcy relief you must show that you have received the required credit counseling at least 180 days prior to your bankruptcy filing. Upon completion of the brief credit counseling course you will be provided with a certificate that must be filed with your bankruptcy petition. If for example you are facing imminent foreclosure or car repossession you will not have to wait on your certificate to stop the collectors. There are certain situations that would allow you to waive the credit counseling course requirements, contact an attorney to discuss them.
The credit counseling course will help you determine if you really need to file for Chapter 13 bankruptcy, but it is required even for debtors that will clearly need bankruptcy assistance. For those individuals that are on the cusp the informal payment plans that are recommended can sometimes be a good alternative to bankruptcy, but the place to start is with a bankruptcy attorney. A bankruptcy attorney can walk you through all of your financial relief options and will help you arrange the credit counseling course as well. They will also help you make sense of the non-profit agency’s recommendation, because at the end of the day Bankruptcy Law only requires that you participate in credit counseling. You are not forced to go along with the agency’s recommendation. To make the right decision to move forward with a Chapter 13 or a chapter 7 bankruptcy you need the advice of an attorney.
If you are struggling to make ends meet but still earning an income then Chapter 13 could be right for you, but filing bankruptcy is one of the biggest financial decisions you will ever make. It only makes sense to work with the most qualified bankruptcy attorney available, and one that is experienced with both Chapter 7 and Chapter 13 cases. If you live in New York City contact the Law Offices of William Waldner online or at 212.244.2882 to arrange a free consultation today. We only practice bankruptcy law and maintain a 99% Chapter 7 bankruptcy discharge record in New York City as of 10/7/15.