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How do I receive a
discharge from my debts under the new bankruptcy laws (BAPCPA2005)? With certain exceptions, an individual debtor will be granted a discharge from his/her debts only if the debtor completes an instructional course on personal financial management provided by an US Trustee-approved provider. Debtor educators are rquired to issue a certificate of course completion to the debtors. The certificate must be filed with the bankruptcy Court under cover of another certification signed by the debtor certifying the debtor received the education. Once filed, if otherwise eligible, the debtor shall receive a discharge. If the debtor does not notify the Court of completion of this debtor requirement prior to entry of the discharge in Chapter 7, the Court will close the case without issuing a discharge to the debtor and will provide notice to the debtor that the case has been closed. If this happens, the debtor will have the opportunity to re-open the case for the purpose of complying with the debtor education requirement and certifying the same to the Court. In addition to the debtor education requirement, the debtor shall not receive a discharge if he/she has received a discharge in a Chapter 7 or 11 case commenced within 8 years before the date of the filing of the current petition. For approved debtor education programs, please click here.
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