Bankruptcy Credit Counseling Requirement may be Waived by Georgia Court
Before a debtor can file Chapter 7 or Chapter 13 bankruptcy in Georgia, he or she must complete a pre-bankruptcy credit counseling course as required by 11 U.S.C. Section 109(h) of the bankruptcy code. However, under certain circumstances, a bankruptcy judge can enter an order waiving such a requirement or extending time for the debtor to complete the course in order to avoid the dismissal of the bankruptcy case for failure to complete the credit counseling course.
In a Georgia bankruptcy case, In re Parker, Case Number 06-61224 (Bkrtcy. N.D. Ga. 2006), Judge Mary Grace Diehl found that the pre-bankruptcy counseling requirement under bankruptcy law was not a jurisdictional requirement for filing bankruptcy; thus, any court orders waiving the counseling requirement or giving the debtor more time to do the credit counseling are enforceable.
Even though the failure to complete the pre-bankruptcy filing credit counseling course can be remedied in Georgia, it is always best practice for debtors to complete the required counseling course appropriately in preparation for filing bankruptcy in Georgia.
Please call the Law Offices of Charles Clapp at 404.585.0040 if you would like to learn more about filing Chapter 7 or Chapter 13 bankruptcy in Atlanta, Georgia.
Charles is absolutely a brilliant attorney! He is a critical thinker and determined problem solver. He is very accessible, even via text. If he is in court, his ability to multi-task, you can feel safe and secure in knowing he is handling any issues or concerns. I entrust him with my future, he is a uniquely talented attorney who always challenges himself to achieve the absolute best outcome for his clients.
I was very satisfied with Mr. Clapp services. He is a man of his word and did everything he told me he would. I would highly recommend him.
I came to Mr. Clapp by referral with a complicated case involving both personal and business debts that were out of control. Mr. Clapp evaluated the situation and gave me options that I was not even aware of. He knows his stuff, executed flawlessly, and I have been able to start over. I highly recommend Charles Clapp if you have debt or bankruptcy issues. Listen to his advice, he knows his stuff. I consulted with several other bankruptcy attorneys prior to retaining Mr. Clapp, and they did not have the same breadth of knowledge that Mr. Clapp brought to my case.
I selected Charles Clapp to handle my bankruptcy based on his already positive reviews and I am glad that I did! He was very accommodating to my schedule and made my negative life experience positive. I was actually very surprised how easy he made the process. Life happens and it’s great to be represented by someone that understand that!!! Stop your attorney search with Charles Clapp!!!