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The Law Offices of Ken McCartney P.C.
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Effective October 17th, 2005 Congress has mandated that all individuals and
husbands and wives that seek bankruptcy protection under any operative chapter
shall attend mandatory educations sessions. One pre-filing and another
pre-discharge. The former lasts a little less than an hour, the latter
little longer. A certificate of completion from an approved agency is a
required filing with the petition and accompanying schedules. We find the sessions
helpful to some clients and absolutely irrelevant to others. It can be
said that debtors are a better educated group than before and that looked good
to the lobbyist working on the BAPCPA of 2005.
The Office of the Unite States Trustee is charged with approving applicants to provide this service and it takes that charge seriously. There is a fee for the first session of about $50.00 waivable by some providers in very needed situations. The second post filing course costs less, usually about $20.00. The US Trustee's web site is the best place to find the list of approved agencies. Click here WYOMING or COLORADO for local information. There are few live programs available in our districts but thankfully many programs are available on line and over the phone. The listing of approved agencies available when this site was last updated is available by clicking on the applicable state tab in the left hand column on this page. The official cite for these lists is http://www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm Federal law prohibits debtors' counsel from being affiliated or an owner of an approved credit counseling agency. We do have many clients who do not have an active credit card, and have therefore, obtained a relationship with one approved agency that allows the use of Mr. McCartney's credit card to pay for an expedited educational certificate. If you need to use this service please make arrangements to pay the exact charge he will incur obtaining the certificate in advance. Currently that charge is $49 for the pre-filling certificate and $19 for the pre-discharge certificate.
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