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The bankruptcy process

Debtor education course

The debtor education course, often called the second bankruptcy course, is the course on personal financial management, from an approved provider, that an individual must generally complete after filing in order to get a discharge. 1 2

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How does the debtor education course work?

It is separate from credit counseling. Counseling comes before filing, debtor education comes after, and the two cannot be provided at the same time. 3 2

In Chapter 7 the court denies the discharge if the course was not completed after filing, and in Chapter 13 the court cannot grant the discharge until it is done. Limited exceptions cover debtors who are disabled, incapacitated or on active military duty in a combat zone, and districts where approved courses are found inadequate. 1 4 5

The course lasts at least two hours, and only approved providers may issue the certificate: the U.S. Trustee Program approves them in most of the country, and bankruptcy administrators do in Alabama and North Carolina. 6 3

Under the U.S. Trustee Program's guidance (FAQ pages updated January 15, 2025), a fee of $50 or less is presumed reasonable, and providers must give the course and the certificate regardless of ability to pay. 7

Unless the provider has already notified the court, the debtor files the certificate of completion: in Chapter 7 within 60 days after the first date set for the meeting of creditors, and in Chapter 13 no later than the last plan payment. The old Form 423 was abrogated effective December 1, 2024. 8 9

Questions about the course

Can I take it before I file to save time?

No. Debtor education must take place after you file. 3

Is there a free option?

People whose household income is below 150 percent of the poverty level are presumed to qualify for a free or reduced-fee course. 7

What if I missed the deadline to file the certificate?

The court can extend the time. If the case was already closed without a discharge, it can be reopened for cause, and a reopening fee generally applies unless the court waives it. Ask the court or a lawyer what applies in your case. 8 10 11

Sources

  1. Glossary of Legal Terms (uscourts.gov)
  2. U.S. Trustee Program: Credit Counseling & Debtor Education Information
  3. Credit Counseling and Debtor Education Courses (uscourts.gov)
  4. Chapter 13 - Bankruptcy Basics
  5. 11 U.S. Code § 727(a)(11) (Cornell LII)
  6. U.S. Trustee Program: FAQs: Debtor Education
  7. U.S. Trustee Program: FAQs: Credit Counseling (justice.gov)
  8. Federal Rules of Bankruptcy Procedure, Rule 1007(b)(7), (c)(4) (Cornell LII)
  9. Bankruptcy Forms (uscourts.gov)
  10. 11 U.S. Code § 350 (Cornell LII)
  11. Bankruptcy Court Miscellaneous Fee Schedule (uscourts.gov)

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