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April 20, 2007

Mandatory Debtor Education Prior To Discharge

Filed under: Debtor Education — admin @ 11:41 am

Section 727(a)(11) and Section 1328(g) state that a debtor cannot receive a discharge if the debtor fails to complete a debtor education course concerning financial management. Thus, a debtor can pay his fee, appear in court, get the benefit of the automatic stay, and yet not receive a discharge unless the class is completed.
There are minor exceptions due to incapacity, disablility or active military service. However, those issues must be brought before the court for hearing on approval.
Best practices is to have the debtor attend the financial management class prior to the 341 meeting of creditors. This way, the requirement can be put to rest and the debtor will be in line for the discharge in the ordinary course.
For a list of the approved providers, visit the US Trustee website.
See Also: Bankruptcy Lawyers Chicago

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