Counseling for Bankruptcy San Jose CA

Bankruptcy Counseling: Why It Is Important To Go Through It

Anyone who goes bankrupt after 2005 will not be allowed to file a financial distress petition unless they have gone through bankruptcy counseling sessions. This will enable the debtor to make informed decisions about the major step they he is about to take. They will also be in a position to know the pros and cons of filing this kind of petition. These sessions are done by non-profit agencies that are normally recommended by the court. It has to be done within six months after the debtor has made the petition. Without this requirement, the court cannot proceed with the filed petition.

The sessions will normally last for one and a half hours to a maximum of two. The agency or official in the agency will go through the number of alternatives that the debtor could have and the advantages and disadvantages of each of the options available. The debtor will also be encouraged to talk about the possible situations that could have led to their current financial situation.

Insolvency counseling is done face-to-face or via the Internet. The court, through the net can connect the debtor to an agency for this service. This can also be carried out on phone. Each of the channels has its advantages and disadvantages. If the communication channel chosen is the Internet or via the phone, there is no direct contact and therefore lack of first hand response. Face to face method is mostly recommended.

The final bankruptcy counseling session will be done after filing of the petition has been done and before a discharge on the debtors debts can be made by the court. It is important that the debtor goes this counseling with an open mind and with a positive attitude towards the whole process.

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