Frequently Asked Questions (about pre-bankruptcy financial counseling)
Q. Why do I have to pay for and go to a counseling session before I file bankruptcy when I’ve already spoken with an attorney that says I qualify to file bankruptcy?
A. The U.S. Bankruptcy Code, federal law, says "during the 180-day period preceding the date of filing of the petition by such individual, received from an approved nonprofit budget and credit counseling agency described in section 111(a) an individual or group briefing (including a briefing conducted by telephone or on the Internet) that outlined the opportunities for available credit counseling and assisted such individual in performing a related budget analysis." Congress wanted to be sure you had an opportunity to look at your financial situation with a counselor trained in personal financial management to make sure you know and understand your income, expenses and debt.
Q. I was told I must have two sessions, one before I file and one after? Why two?
A. The first requirement is for a financial or budget analysis (financial counseling) before you file. The second, a Personal Financial Management Course, has useful information about setting goals, making plans, understanding your budget, smart shopping tips, rebuilding your good credit and it also has valuable consumer resources.
Q. I can't pay my debts. Why do I have to pay for information I already know?
A. The U.S. Bankruptcy Code, federal law, states you must review your financial situation with a financial counselor before you can obtain a bankruptcy.
Q. What is the counseling by conference call?
A. You submit your personal information by completing the Financial Information Form either on the Internet, on paper (then fax it to us) or over the phone. If you choose a conference call, which costs less for you, you will be given a toll free number and id code to use at a specific time. You will participate in this call with several other people who probably have similar financial problems.
Q. On this conference call, do I have to talk about my personal finances in front of other people?
A. The counselor will be able to view your personal financial information, but will not share details of it on the call unless you choose to disclose it. The counselor will go over each section of the form to make sure you understand your financial situation. The counselor will also make suggestions on how to deal with debt and finances. You should have your copy of the Financial Information Form in front of you while on the call. You can ask questions or make comments during the session, if you like, but they are not required. Hearing the comments, questions and concerns of other people with similar financial difficulties can help you better understand and cope with your own.
Q. Do I have to take a test at the end?
A. No, you will not be tested. The only requirement is that you attend the full session.
Q. Do you accept debit cards or credit cards or e-checks?
A. Yes, we accept credit or debit cards as well as cashier’s checks, money orders and e-checks. We also accept Paypal.
Q. Why do I have to receive a certificate?
A. You don't. You may choose not to receive a certificate and decide to handle your debts in a manner other than by filing bankruptcy. If you choose to file for bankruptcy protection, you must receive a certificate from an Agency approved to issue such certificates by the U.S. Trustee. This certificate notes the day and time you received financial counseling, which must be within 180 days preceding the filing of the bankruptcy. The Mesquite Group is an agency "approved to issue certificates in compliance with the Bankruptcy Code. Approval does not endorse or assure the quality of an agency's services."
Q. Can you send my certificate to my attorney?
A. Yes, if you are represented by an attorney, we can send your certificate to that person if you give us his/her name and telephone number. If your attorney gave you a code to use when you register, that code will provide the information we need about your attorney and the method we should use to send your certificate to his/her office.
Q. What happens if I get a certificate and then decide not to file bankruptcy?
A. There is no harm done in receiving a certificate. Receiving it does not obligate you to file bankruptcy. You are free to make your own choice. The counselors of The Mesquite Group are here only to help you analyze your financial situation and provide you with information.
Q. How do I get my Counseling Certificate?
A. After you have completed the counseling session and if you request a certificate, we will send a copy of your certificate either by email, fax or U.S. Mail. If you provide us with your attorney information, we will also send a copy directly to your attorney.
Q. How quickly can I get my Counseling Certificate?
A. Certificates are issued during business hours (8:00 a.m. – 9:00 p.m. Central Time, Monday - Friday, 9:00 a.m. – 5:00 p.m. Central Time, Saturday). Our policy is to issue certificates no later than the next business morning after the session is completed, by 12:00 noon Central Time. If you’re under a deadline i.e., you must have your certificate the same day you complete the session, call our HOT LINE (877) 769-4069 before registering and make arrangements with one of our staff. If you do not communicate with our office before registering, we cannot guarantee you will receive your certificate the same day you complete the session.
Do you have a question that hasn't been answered here? Please send it and any other comments to support@themesquitegroup.org
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