Exemptions to Credit Counseling
Under many laws, there is some form of exemption, whether it is due to an unfortunate circumstance or voluntary action. Under the Bankruptcy Abuse Prevention and Consumer Protection Act’s requirement to attend credit counseling prior to filing for bankruptcy, these exemptions are put in place for extreme situations in which either the individual or system cannot benefit from credit counseling.
Knowing whether or not you are exempt for credit counseling could save you time and effort when filing for bankruptcy. Filing for any chapter of bankruptcy requires counseling under BAPCPA. To better understand how your situation fits into the current laws, contact an experienced legal professional. The Birmingham bankruptcy lawyers of Greenway Bankruptcy Law, LLC, are here to help you today. Contact us by phone at (205) 324-4000.
Guidelines for the Credit Counseling Exemption
The law provides for a few different circumstances under which a bankruptcy filer may qualify for credit counseling exemption. These include:
The individual is engaged in a military operation in a live combat area
The individual is mentally incapable
The individual is physically disabled
There are not enough resources available to the individual to complete counseling
Under these circumstances, the debtor may go to court to submit the proper paperwork or contact a U.S. bankruptcy trustee, depending on the type of exemption.
While bankruptcy can offer you a second chance to restart your financial life, the nature of BAPCPA and more recent modifications to previous laws make filing more complex and time-consuming. Determining what is right for your individual circumstances can pose a serious challenge. If you would like to learn more about the details of bankruptcy law and how bankruptcy could help you, contact the Birmingham bankruptcy lawyers of Greenway Bankruptcy Law, LLC, today at (205) 324-4000.