Pre-filing credit counseling — 11 U.S.C. § 109(h)
An individual may not be a debtor under any chapter unless, during the 180-day period preceding filing, the individual received a briefing from an approved nonprofit budget and credit counseling agency that outlined opportunities for available credit counseling and assisted in performing a related budget analysis.
The certificate of completion is filed with the petition (or within 14 days after filing where the court permits) and is attached to Official Form 101 (Voluntary Petition).
Allowed exceptions
- Incapacity, disability, or active military duty in a combat zone — § 109(h)(4)
- Exigent circumstances — the debtor must request services from an approved agency but be unable to obtain them within 7 days. Submit a sworn statement to the court and complete counseling within 30 days — § 109(h)(3)
- No approved agency available in the district — the U.S. Trustee may grant a waiver. The W.D. Mo. always has approved providers, so this exception is rarely invoked.
Where to find approved providers
The U.S. Trustee Program maintains the authoritative list of approved credit counseling agencies, organized by state and by federal judicial district. The list is updated regularly as providers are added, suspended, or removed.
- Missouri providers list: justice.gov/ust/credit-counseling-debtor-education-information
- Filter the directory by "Missouri" or by "Western District of Missouri (MO-W)." Many agencies provide services nationally by phone or internet, so the geographic listing is a starting point rather than a strict limit.
- Direct lookup tool: List of Approved Credit Counseling Agencies
Course format and cost
The pre-filing briefing must be no fewer than 60 minutes per § 109(h)(1). Most providers offer the briefing in three formats: in-person, by telephone, or by internet. Typical fees range from approximately $10 to $50 depending on the provider; agencies must offer the service free or at reduced cost to debtors who are unable to pay (28 C.F.R. § 58.16).
Post-filing debtor education — 11 U.S.C. § 727(a)(11) / § 1328(g)
After filing, but before discharge, individual debtors in Chapter 7 and Chapter 13 cases must complete an instructional course in personal financial management from an approved provider. The course is at least 2 hours and covers budgeting, money management, and the wise use of credit. The certificate of completion is filed using Official Form 423.
- Chapter 7 deadline: within 60 days after the first date set for the § 341 meeting of creditors (Fed. R. Bankr. P. 1007(b)(7))
- Chapter 13 deadline: no later than the date of the last payment under the plan, or the date of the § 1328(b) hardship discharge motion
Approved debtor education providers are listed alongside credit counseling providers at the same USTP page.
Consequences of non-compliance
Failure to obtain the pre-filing certificate is a basis for dismissal under In re Hubbard, 333 B.R. 377 (Bankr. S.D. Tex. 2005), and similar authority. Failure to complete debtor education prior to discharge will result in the case being closed without discharge entered; the debtor must then move to reopen the case and pay the reopening fee under 11 U.S.C. § 350(b).