Step 1

Step 1: Credit Counseling
Before Bankruptcy

Your first required step before filing -- what to expect, approved providers, and how to get a certificate.

Why Credit Counseling Is Required

Congress mandated pre-filing credit counseling as part of BAPCPA (2005). The goal: ensure filers have explored alternatives like debt management plans before turning to bankruptcy. You must complete this course within 180 days before filing your petition.

The course evaluates your financial situation, reviews income, expenses, and debts, and considers whether a debt management plan (DMP) might work. The counselor provides a certificate regardless of the outcome -- you don't have to accept a DMP.

How to Choose a Provider

Use only providers approved by the U.S. Trustee Program for your judicial district. The official list is at justice.gov/ust. Most approved providers offer online courses for $15-50 that can be completed in 60-90 minutes.

Compare providers on cost, availability, and reviews. Some offer fee waivers for low-income filers. The certificate is issued immediately upon completion.

What the Course Covers

The credit counseling session reviews: your income sources, monthly expenses, total debts, available assets, budget analysis, and alternatives to bankruptcy (debt management plans, negotiation, etc.). The counselor will propose a budget and discuss whether a DMP could resolve your situation.

This is not therapy or education -- it's a structured financial review. Be honest about your numbers; the counselor needs accurate information to issue a valid certificate.

Getting Your Certificate

After completing the course, the provider issues a certificate of completion. This must be filed with your bankruptcy petition (or within 14 days after). Keep the certificate in a safe place and provide a copy to your attorney.

If you lose the certificate, contact the provider for a replacement. Most maintain records for several years.

Frequently Asked Questions

How long does credit counseling take?
The pre-filing credit counseling course takes 60-90 minutes and can be completed online, by phone, or in person.
How much does credit counseling cost?
Typically $15-50. Fee waivers are available for low-income filers. Some providers offer the course for free.
What if I need to file urgently?
In rare cases of exigent circumstances (imminent foreclosure, garnishment), the court may temporarily waive the requirement and allow you to complete counseling within 30 days after filing. This requires a motion and court approval.
Can I do credit counseling online?
Yes. Most approved providers offer online courses that you can complete from home at your own pace.

Last updated: April 2026. Not legal advice.

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