Exceptions To The Counseling Requirement
Despite the mandated requirement set forth in U.S.C. §109(h), if a suitable agency is not accessible in the district where you will be filing, then the requirement is excused. Nevertheless, there are a host of mediums in which counseling can occur, e.g. online or telephone, and, therefore, an unavailability of counseling is a rare occurrence. A skilled New York bankruptcy attorney can explain to you the counseling requirements or applicable exceptions.
Prospective acceptable reasons
The purpose of counseling is to determine whether constructing a repayment plan is a potential solution. Generally, judges will not concede that counseling is unavailable. However, as provided in 11 U.S.C. §109(h)(4), you may be able to avoid the counseling requirement if the bankruptcy court finds, after a notice and hearing, you could not partake in the counseling because of:
- Mental incapacity, which inhibits one’s ability to understand and gain from counseling
- Active military duty in a combat zone
- Physical disability, although inapplicable if one is able to seek counseling over the phone or Internet
Given the complexities surrounding the process, you should consult a knowledgeable New York bankruptcy attorney.
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