Steven J. Richardson | August 23, 2006
In my May 5, 2006, article, I admonished people not to wait until the last minute to file bankruptcy because they could get tripped up by BAPCPA’s requirement to obtain a Certificate of Credit Counseling before filing, as extensions of time are rarely given by the court. However, the requirement can be waived entirely under [...]
Steven J. Richardson | July 20, 2006
As most people know now, under §109(h) of the BAPCPA Bankruptcy Code, a debtor must obtain a certificate of completion of a credit-counseling course. This requirement can be waived, however, upon motion, if the debtor is physically disabled, mentally incapacitated, in active military service in a combat zone, or if no adequate, approved credit counseling [...]
Steven J. Richardson | May 5, 2006
One of the many provisions of BAPCPA is a requirement that debtors enroll in a credit counseling program and obtain a certificate of completion within 180 days of filing of their bankruptcy. This requirement is waived if the person cannot complete this requirement because he or she is:
Incapacitated (i.e. impaired by reason of mental illness [...]