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Bankruptcy Overview
CCCS Bankruptcy Overview To determine which service you require:
If you have not filed bankruptcy yet, please click on the tab above for Bankruptcy Counseling. If you are unsure which service you require, please contact our office at 912-691-2227.
Bankruptcy CounselingCCCS Bankruptcy Counseling Before you file Effective October 17, 2005, new bankruptcy laws require an individual to receive a consultation from an approved non-profit budget and credit counseling agency prior to filing bankruptcy. Completion of this counseling is required within 180 days before filing for Chapter 7 or 13 bankruptcy protection. Consumer Credit Counseling Services of the Savannah Area, Inc., has been approved by the Executive Office for U.S. Trustees (EOUST) to help you complete the required pre-filing counseling and provide you with the certificate that you will need should you choose to file for bankruptcy protection. This service is offered via the Internet, telephone and, in limited areas, in-person. The goal of the counseling session is to provide an objective view of the individual’s financial situation. We will provide you with a comprehensive overview of your financial situation, including a budget analysis and net worth estimate. We will also review and discuss possible alternatives to bankruptcy. Please be advised that you will be charged $50.00 (or $75 for a couple) for the pre-filing bankruptcy certificate. If your income is at 150% of the Federal poverty level, you are eligible for a fee waiver. Please call our offices for more details.
If you would like to participate in a one-on-one pre-filing bankruptcy counseling session, please call (912) 691-2227 to book a telephone or in-person appointment. If you have already purchased the course and received your login ID and password, please click the following link: Begin Course
Bankruptcy EducationCCCS Bankruptcy Education After You File Prior to your being discharged from bankruptcy, a post budgeting counseling session by an approved credit counseling agency is required. CCCS is an approved national provider of pre-discharge bankruptcy education as required by law before a Chapter 7 or 13 bankruptcy case is discharged. This is required before your case is discharged. This can be conducted in a classroom setting or online. Please be advised that you will be charged for a pre-discharge bankruptcy education certificate. This fee is $50.00 per individual, or if you are seeking education for yourself and your spouse or partner the fee is $75.00. If your income is at 150% of the Federal poverty level, you are eligible for a fee waiver. Please call our offices for more details. If you are working with an attorney who has already collected the payment from you, please provide your attorney’s information and we will bill your attorney at a later date. If your attorney does not offer that service, you will need to provide cash or certified funds in the form of a money order or cashier’s check in order to receive the certificate.
To register for a class, please call (912) 691-2227 or toll free 1(800)-821-4040 (check our calendar for upcoming classes). Additional Resources
October 2005 Congress passed a law requiring credit counseling prior to filing your petition for bankruptcy. CCCS is certified to provide this counseling service. You may wish to come into the office to see one-on-one a CCCS certified counselor who will go over the pros and cons of bankruptcy, your options and discuss any questions you may have regarding the process. A certificate will be issued which must be attached to your bankruptcy petition. Prior to your being discharged from bankruptcy, a post budgeting counseling session by an approved credit counseling agency is required. CCCS provides this counseling service.
Bankruptcy Overview
Consumer Credit Counseling Service of the Savannah Area, Inc. has been approved (*) by the Executive Office for U.S. Trustees (EOUST) to offer pre-filing bankruptcy counseling and pre-discharge bankruptcy education in all judicial districts in Georgia and South Carolina. Bankruptcy serves two main purposes: First, bankruptcy is intended to give an honest debtor a "fresh start" in life by relieving the debtor of most debts. Secondly, bankruptcy repays creditors in an orderly manner to the extent that the debtor has property available for payment. Nondischargeable debt: A debt that cannot be eliminated in bankruptcy is called a nondischargeable debt. There are various nondischargeable debts. Examples include debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or educational benefit overpayments, and debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs. The two primary forms of Personal Bankruptcy are Chapter 7 and Chapter 13. Chapter 7 , often called a liquidation, allows debtors a fresh start by requiring them to relinquish non-exempt assets, which are liquidated to pay creditors. In return debtors usually receive a discharge of their debt with the exception of certain types of nondischargeable debt. This form of bankruptcy provides for relatively quick elimination of most debts and does not require payments to creditors after the bankruptcy filing, as chapter 13 does. However, consumers with income over certain amounts may not be eligible to file a chapter 7. Credit reporting agencies may report a chapter 7 bankruptcy for up to 10 years. Chapter 13 is designed for an individual debtor who has a regular source of income. This type of bankruptcy often enables the debtor to keep a valuable asset, such as a house. The debtor proposes a "plan" to repay creditors over time, usually three to five years. Unlike in chapter 7, debtors are not eligible to have their debts discharged in the beginning of the case. Credit reporting agencies may report a chapter 13 bankruptcy for up to 10 years.
The information contained on this website regarding bankruptcy is intended as an overview and is not intended to be comprehensive. Further, it is for informational purposes only and is not to be considered legal advice. You should consult with an attorney for advice about your specific legal situation.
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) Another significant change of the new bankruptcy code is the adoption of the “means test.” A consumer’s eligibility to file Chapter 7 depends on his/her means, which is the consumer’s income and expenses relative to local and national standards. The consumer’s attorney will need to complete the means test based on his/her financial situation prior to filing a Chapter 7 bankruptcy. Consumer Credit Counseling Service of the Savannah Area, Inc. has been approved (*) by the Executive Office for U.S. Trustees (EOUST) to offer pre-filing bankruptcy counseling and pre-discharge bankruptcy education in all judicial districts in Georgia and South Carolina. The goal of the agency’s pre-filing bankruptcy counseling is to provide an objective view of an individual’s financial situation. During a pre-filing bankruptcy counseling session, some information about bankruptcy will be discussed. The information includes what is involved in bankruptcy, the consequences of bankruptcy, and alternatives to bankruptcy. In addition, a budget analysis will be conducted and a net worth financial statement will be developed. Although the paperwork related to the initial application may be completed on this website, the actual pre-filing bankruptcy counseling session will be conducted either via telephone, face-to-face, or online. Consumers needing pre-filing bankruptcy counseling can complete the required forms on this website and wait for our staff to contact them, or simply contact our agency to schedule a session. At the conclusion of the counseling session, a certificate will be issued indicating completion of the pre-filing bankruptcy counseling requirement. This certificate is valid for 180 days from the date and time the counseling was completed. To help cover the cost of providing this service, CCCS charges a fee of $50 to reimburse the administrative and counseling costs. For a married couple, two (2) certificates will be issued after counseling for a fee of $75, provided they participate in a joint counseling session. In limited circumstances, a client may be eligible to have this fee waived. Unless waived, the fee must be paid at the time of the counseling session. However, if a client is not able to keep his/her first pre-bankruptcy appointment, the agency requires the client pay the fee before another appointment can be scheduled. This is to ensure that valuable appointment times are not wasted. The goal of the agency’s pre-discharge bankruptcy education is to help consumers know what to expect following bankruptcy through education on the following topics: Choosing between “wants” and “needs”; developing sound financial habits regarding spending versus savings; examining one’s current budget, including income, expenses and net worth; developing a new workable budget (including short- and long-term goals, identification of factors that cause financial problems, and how budget adjustments can help with goal achievement); understanding the types and costs of credit, wise credit strategies and alternatives to credit, as well as warning signs of credit misuse; understanding credit reports and credit scores, in addition to consumer laws and regulations which protect consumers; rebuilding credit through good credit habits; understanding and avoiding predatory lending and/or identity theft. Pre-discharge bankruptcy education can be conducted either face-to-face in a classroom setting or phone (special needs) or via the internet. A certificate will be issued for the pre-discharge bankruptcy education service upon successful completion. This certificate does not have an expiration date. CCCS charges a non-refundable fee of $50 per participant/$75 per couple for the course. The fee may be waived under limited circumstances. (*) Approval does not endorse or assure the quality of an Agency's services.
Chapter 7 Bankruptcy Chapter 7 is designed as a liquidation requiring that the debtor give up non-exempt property, which may include furniture, jewelry, and household contents that are sold by a trustee to pay creditors. Debtors make an election, subject to objection by the chapter 7 trustee and creditors, regarding their non-exempt property. Creditors can appear at the creditors’ meeting, which generally takes place 30 days after the filing of the bankruptcy petition. After approximately 90 days from the bankruptcy filing, most debts are discharged, assuming there are no objections filed with the court and the consumer has completed a required personal financial management course. Chapter 7 Advantages: The debtor is usually discharged from personal liability for certain debts within a short period of time, usually 90 days.
Chapter 13 Bankruptcy Chapter 13 is designed to provide for adjustment of debts of an individual with regular monthly income. Subject to ceilings placed on total debt, individuals who earn regular income may reorganize payments, terms and interest rates, as well as discharge the remaining portion of debts upon completion of a plan. Chapter 13 allows a debtor to keep property (such as a home) and pay debts over three to five years. A chapter 13 trustee will administer the plan, receiving payments from debtors and disbursing payments to creditors. Debtors usually keep their property but must make regular payments going forward. Debtors receive a discharge upon successful completion of their plan and upon finishing a personal financial management course. Chapter 13 Advantages:
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