Lanphier & Associates
	2817 I Street, Suite 3 Sacramento, CA  95817

Credit Counseling and Debtor Education Courses

Under BAPCPA, 11 USC §109(h)(3), an individual is not eligible to file a bankruptcy unless, during the 180-day period before filing, he or she has received an individual or group briefing from an approved nonprofit budget and credit counseling agency that outlined the opportunities for available credit counseling and assisted the individual in performing a budget analysis.

In order to obtain a discharge in a Chapter 7 or 13 Bankruptcy, the Debtor must attend a Personal Financial Management Course offered by an approved nonprofit budget and credit counseling agency. [BAPCPA, 11 USC §727(a)(11), 11 USC §1328(g)]. The course includes an analysis of each Debtor’s current financial condition, factors that caused such financial condition, and how the Debtor can develop a plan to respond to the problems without incurring negative amortization of debt.

A list of approved agencies can be obtained from the United States Trustee on their website at http://www.usdoj.gov/ust/bapcpa/ccde/cc_approved.htm.

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Debtor Joint Debtor