Credit Counseling Requirements in Bankruptcy

The BAPCPA is the Bankruptcy Abuse Prevention and Consumer Protection Act, a bankruptcy reform law, which was passed by Congress and signed by the President in 2005. Credit counseling from an approved credit counseling agency is required for those planning to file bankruptcy. There are a few exceptions.

Our lawyers can explain the credit counseling requirements for individuals and businesses and determine whether you qualify for any exceptions. If you believe bankruptcy is the right choice for you or have questions regarding your financial situation,, it is essential to seek the advise of an experienced bankruptcy attorney. At de Moya & Associates, P.C., Rockland County, NY, we help you find the best option for dealing with your debt.

Individual or Group Briefing

To satisfy the credit counseling requirements, a debtor must receive either an individual or group briefing from  an approved counseling agency within 180 days prior to filing bankruptcy. Counseling takes place over the telephone, via the internet, or in person.  Counselors “outline opportunities for available credit counseling and assist individuals in performing a budget analysis. If a debt management plan is created during the credit counseling, it must be filed with the bankruptcy court.


Most consumers considering bankruptcy must pursue counseling long before they intend to file to avoid dismissal of their case.  If bankruptcy may be in your future, it is wise to seek an experienced and knowledgeable attorney to provide counseling and zealous advocacy in your time of need.  Call de Moya & Associates, P.C.  We are on your side. 

**DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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