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May 24, 2012 By Stephen Kass

Post-Bankruptcy Filing Debtor Education

Chapter 13 bankruptcy is also known as the “wage earner bankruptcy.” It lets an individual keep property such as a house, and repay debts over an allotted period of time, such as three to five years. Chapter 7 bankruptcy is for those who do not have many assets they want to keep.  After filing a bankruptcy petition, the law imposes an “automatic stay” on debt collections which applies to all of the debtor’s creditors.  The automatic stay stops creditors from taking any collection actions such as lawsuits, demand letters, or foreclosure proceedings against the debtors during the pendency of the bankruptcy case.

This means that after you file your bankruptcy petition, creditors cannot do anything to collect on your debts.  While it may be sad for a creditor not to get paid, especially someone who has done independent contractor work for you, not paid his/her wages, any creditor that continues with collection actions after the bankruptcy petition is filed may be in violation of federal law and subject to penalties.

In order to accomplish the purpose of the bankruptcy filing, to get rid of prior debts, you have to follow court rules to get to discharge.  After filing a petition, you will be required to go to a 341 hearing. In chapter 13, you will need your repayment plan confirmed, and then repay creditors according to the plan.

You need to attend all the required financial courses that are meant to teach you about money management so you do not get into debt again.  After a trustee in a bankruptcy case concludes a debtor’s 341 hearing in a chapter 13 or 7, there is a financial education requirement the individual debtor must satisfy prior to a chapter 7 or 13 bankruptcy discharge in New York.

Before bankruptcy discharge, a chapter 7 or 13 debtor must prove the debtor has taken an instructional course relating to personal financial management from a provider approved by the Office of the US Trustee. Some of these courses may be taken online so a person does not have to miss work to attend. The chapter 7 or 13 debtor does not prove to the trustee that s/he has taken the court.  The proof goes to the bankruptcy court.  The debtor’s communications with the trustee are limited.  For the chapter 7 debtor, the communications with the trustee usually end after the 341 hearing.  For the chapter 13, the communications usually end after the repayment according to the chapter 13 plan.  All other communications relating to the bankruptcy are with the court.

The debtor proves s/he took the instructional course concerning personal financial management with a certificate of completion from the training provider.  The post-filing debtor education requirement is different from and in addition to the credit counseling class a debtor takes before filing bankruptcy.

If a debtor does not finish the post-bankruptcy filing education on personal financial management from a US Trustee approved provider, the court may close the bankruptcy case and enter a no entry notice of discharge.  This makes it important to find a training provider on the US Trustee’s website at www.usdoj.gov/ust.  A debtor does not want to go through the entire bankruptcy process and not get the discharge on debts.

To learn how to get a fresh financial start, contact an experienced New York bankruptcy attorney.

Filed Under: Bankruptcy

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I highly recommend using Steve Kass as an attorney. I had a serious issue with the IRS involving real property, a company I built and sold, and multiple years of taxes which were unfairly and incorrectly assigned to me and had been hanging over my head because my efforts to negotiate...

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Mr. Kass and his professional office staff helped me through every step of the way which without his expert guidance would not have been successful. Mr. Kass was able to a access my situation quickly and advise me. I highly highly recommend making an appointment with Mr. Kass

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I consider myself very lucky to have found Stephen B. Kass last year. We were drowning in credit card debt and were on the verge of filing bankruptcy. Mr. Kass was able to negotiate with all of our creditors and reduce the balances SIGNIFICANTLY. Within one year we are debt free

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Stephen and legal staff provided superb, accurate, and detailed financial analysis. Stephen has an exquisite knowledge of financial planning and tax law, and was able to make tailored, individualized recommendations that have helped me tremedously with regard to long-term financial planning and resolution of tax issues. Office staff are skilled

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I had a great experience with Stephen Kass. He took legally complicated case from another attorney and resolved it. Years later, when his assistance was needed, he responded right away, remembering every detail of the case. He is an expert in his field and great person to work with.

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