Stiberman’s Blog

Helping clients across Florida achieve financial freedom, since 1998.
Free Consultation
  • Paul B.starstarstarstarstar5.0
    I would like to share the amazing experience I have had with this Law firm. I was on the verge of loosing my house because I had not paid my property taxes. I looked for a Bankruptcy at Read More
    July 10, 2023logo
  • S.M.starstarstarstarstar5.0
    When I say this office was absolutely the best, I am not kidding! They have been absolutely phenomenal. Robert has been the best bankruptcy attorney. The whole team has always kept Read More
    April 20, 2023logo
  • Paula D.starstarstarstarstar5.0
    I was referred by a friend to this bankruptcy attorney. Mr. Stiberman and his staff was very courteous, knowledgeable and very caring towards my concerns. I am pleased with the outcom Read More
    April 18, 2023logo
  • Paul B.starstarstarstarstar5.0
    I would like to share the amazing experience I have had with this Law firm. I was on the verge of loosing my house because I had not paid my property taxes. I looked for a Bankruptcy at Read More
    July 10, 2023logo
  • S.M.starstarstarstarstar5.0
    When I say this office was absolutely the best, I am not kidding! They have been absolutely phenomenal. Robert has been the best bankruptcy attorney. The whole team has always kept Read More
    April 20, 2023logo
  • Paula D.starstarstarstarstar5.0
    I was referred by a friend to this bankruptcy attorney. Mr. Stiberman and his staff was very courteous, knowledgeable and very caring towards my concerns. I am pleased with the outcom Read More
    April 18, 2023logo
  • R.P.starstarstarstarstar5.0
    The process was relatively easy, I would recommend Stiberman Law to anyone who finds themselves in need of a bankruptcy attorney.
    February 24, 2023logo
  • Jose N.starstarstarstarstar5.0
    I have to say that I have had a great experience with Stiberman Law regarding a bankruptcy and they have been very informative and supportive. They have been very helpful and always ans Read More
    January 20, 2023logo
  • L.L.starstarstarstarstar5.0
    Excellent service. Great bankruptcy attorney and staff. Always informed me of what to expect. My Chapter 13 bankruptcy was smooth and the process was easy thanks to Robert and the Read More
    July 20, 2022logo
  • Sam Sstarstarstarstarstar5.0
    Twelve years ago I was in need of legal representation stemming from the housing meltdown if 2008. Robert Stiberman and his staff handled the matter with complete professionalism and sp Read More
    October 19, 2022logo
  • K.D.starstarstarstarstar5.0
    I was looking for a bankruptcy attorney in Miami, and I found Mr. Stiberman. He and his office were efficient, and they guided me through every step of the process. I am appreciative of Read More
    September 16, 2022logo
  • Carmen C.starstarstarstarstar5.0
    I am so grateful for Stiberman Law, P.A. In 2019 my husband and were faced with a very difficult decision file for Bankruptcy, unfortunately we weren’t able to pay for our credit Read More
    October 26, 2022logo
  • N.M.starstarstarstarstar5.0
    Excellent work from this bankruptcy law firm! I was drowning in debt with my license suspended from a lawsuit I had and thought I would have to spend the rest of my life paying back deb Read More
    August 17, 2022logo
  • R.Z.starstarstarstarstar5.0
    The experience with this office has been great. No problems at all they have kept me straight to doing the right thing and feeling a breeze of peace and being debt free with my bankruptcy.
    August 30, 2022logo
  • F.starstarstarstarstar5.0
    Very happy with Robert and his team. Thanks to them we were able to save our home. Very helpful and knowledgeable in bankruptcy. Best attorney.
    July 28, 2022logo
  • E.R.starstarstarstarstar5.0
    I had a great experience, I just want thank Stiberman law and his team for a great experience also Ana for the help and explaining my case. Appreciate, thank you
    July 25, 2022logo
  • A.B.starstarstarstarstar5.0
    Very good office with my bankruptcy. They have been amazing through this hard process. Very happy with Robert and his staff they are very nice and professional. Thank you stiberman!
    July 23, 2022logo
  • W.J.starstarstarstarstar5.0
    Amazing work by Robert. They are really good with what they do, very attentive and knowledgeable. Customer service and professionalism are top, the lawyer has been great this whole t Read More
    June 25, 2022logo

Understanding Chapter 13 Bankruptcy and Debtor Education Requirements

Chapter 13 is a form of bankruptcy designed to help individuals with a regular income repay their debts over time. It’s a viable option for those with the financial means to pay back some or all of their debts but require some relief from creditors and a structured repayment plan.

The Process of Filing Chapter 13

Filing for Chapter 13 bankruptcy involves submitting a petition, schedules of assets and liabilities, a repayment plan, and other required documents to the bankruptcy court. Once filed, an automatic stay goes into effect, preventing creditors from taking further action against the debtor. The debtor then works with a bankruptcy trustee and the court to finalize the repayment plan, which typically lasts three to five years.

Debtor Education Requirement

Purpose of Debtor Education

Debtor education is required for individuals filing for Chapter 13 bankruptcy. The primary goal of the course is to teach debtors about managing their finances effectively and avoiding future financial distress.

Timing for Completion

Debtor education must be completed after filing for bankruptcy before receiving a discharge. Depending on the bankruptcy plan duration, the Debtor must meet this requirement before the 36 or 60-month plan period expires. 

Choosing an Approved Course Provider

You must choose a course provider approved by the United States Trustee Program. You can find a list of approved providers on their website. Be sure to select a provider that offers the course in a format that works best for you, such as online, in-person, or over the phone.

Components of Debtor Education

Budgeting and Financial Management

The debtor education course covers essential topics such as budgeting and financial management. Debtors learn how to create and maintain a budget, track expenses, and identify areas for improvement. This knowledge helps them manage their finances more effectively and avoid falling back into debt.

Wise Use of Credit

Another critical component of debtor education is learning about the responsible use of credit. The course teaches debtors how to recognize the warning signs of excessive debt, manage credit card balances, and understand the importance of maintaining a good credit score.

Consumer Protection Laws

Debtor education also covers various consumer protection laws, such as the Fair Debt Collection Practices Act (FDCPA) and the Truth in Lending Act (TILA). These laws protect debtors from unfair and deceptive practices by creditors and collection agencies. Understanding these laws can help debtors protect their rights during and after bankruptcy.

Submitting the Certificate of Completion

How to Submit the Certificate

Once you’ve completed the debtor education course, you’ll receive a certificate of completion. You must submit this certificate to the bankruptcy court as proof of completion. Most course providers will electronically file the certificate for you, but if not, you can submit it yourself through the bankruptcy court’s electronic filing system.

Consequences of Failing to Submit the Certificate

Failing to submit the certificate of completion can result in your bankruptcy case being closed without a discharge. Your debts won’t be eliminated, and you’ll still be responsible for repaying them. If you miss the deadline for submitting the certificate, you may need to file a motion with the court to reopen your case and submit the certificate.

Benefits of Debtor Education

Improved Financial Habits

One of the most significant benefits of completing debtor education is the development of improved financial habits. Debtors can make more informed financial decisions and avoid future financial distress by learning about budgeting, credit management, and consumer protection laws.

Reduced Risk of Financial Distress

By providing debtors with the necessary tools and knowledge, debtor education helps reduce the risk of future financial distress. A better understanding of financial management and credit use can help prevent the recurrence of unmanageable debt and reduce the likelihood of needing to file for bankruptcy again.

Conclusion

Completing debtor education after filing for Chapter 13 bankruptcy is essential to obtain your discharge. The course equips you with crucial financial management skills and knowledge that can help you avoid future financial distress. Make sure to choose an approved course provider, complete the course on time, and submit the certificate of completion to the bankruptcy court. Doing so will fulfill your legal requirement and pave the way for a fresh financial start.

FAQs

  1. Should I take the debtor education course if I file for Chapter 7 bankruptcy?

Yes, debtor education is a requirement for both Chapter 7 and Chapter 13 bankruptcy filers.

  1. How much does the debtor education course typically cost?

The cost of the course varies by provider, but it generally ranges from $15 to $50.

  1. Can I take the debtor education course before filing for bankruptcy?

No, you must complete the debtor education course after filing for bankruptcy but before receiving a discharge.

  1. What if I can’t afford to pay for the debtor education course?

If you cannot afford the course fees, you can request a fee waiver from the course provider. They may offer the course for free or at a reduced cost based on your financial situation.

  1. What happens if I don’t complete the debtor education course?

If you fail to complete the debtor education course and submit the certificate of completion to the bankruptcy court, your case may be closed without a discharge. Your debts will not be eliminated, and you’ll still be responsible for repaying them. To avoid this outcome, please make sure you complete the course within the required timeframe and submit the certificate to the court.

Robert Stiberman is a bankruptcy attorney with extensive experience in Chapter 13 bankruptcy cases. He has represented numerous clients in bankruptcy cases and is well-versed in the requirements of the Chapter 13 trustees. With his knowledge and experience, Robert Stiberman can provide his clients with the guidance and representation they need to navigate bankruptcy successfully.

Written By:

Attorney Robert Stiberman

Robert is an experienced bankruptcy attorney adept at handling Chapter 7, 13, and 11 filings, with more than 15 years of experience in bankruptcy cases. Robert represents clients in both consumer and business bankruptcy ... Read More

Contact Stiberman Law Today!

Speaking to our law firm is always 100% confidential. Help is just a call away!.

Name(Required)
This field is for validation purposes and should be left unchanged.

Request A Free Consultation

Speaking to our law firm is always 100% confidential. We do our best to respond to inquiries in under 24 hours.

Name(Required)
This field is for validation purposes and should be left unchanged.
Image

Received!

We’ll get in touch as soon as possible.