Under the 2005 amendments, an individual must receive a credit briefing before filing a bankruptcy petition under any chapter. In our law office, we provide special links for these classes on a nominal fee. New amendment under Section 109(h) provides that an individual may not be a debtor, unless he or she receives the briefing from an approved non-profit budget and credit counseling agency during the 180-day period preceding the date of the filing of the petition. This briefing can be done over the phone or via the internet. The debtor need to file this counseling certificates within 14 days. The certificates are dated and should be filed within 180 days.
The debtor also may seek a complete waiver of the credit briefing requirements. The grounds are limited based on disability, incapacity, or active military duty in a combat zone.
Debtor has to file a statement of compliance with credit counseling required under Official Form 1, Exhibit D. Every individual debtor must complete Exhibit D. this is a separate document stating the debtor’s statement of compliance with the pre-petition credit counseling requirements. If a joint petition is filed, each spouse must complete and a separate Exhibit D.
Only approved agencies can issues these counseling certificates.