However, we do live in New York, and one of our habits is to complain, right? At least, this is what one of my Buffalo-based acquaintances once told me.
However, what if you cannot complete credit counseling before filing for bankruptcy? When filing for bankruptcy, section 109(h)(2) of the U.S. Bankruptcy Code allows you to avoid the requirement. If you reside in New York, give close attention to this one.
11 USC 109(h)(2) states that the credit counseling requirement does not apply to a debtor who resides in a district for which the United States trustee (or bankruptcy administrator, if any) determines that the approved nonprofit budget and credit counseling agencies for such district are not capable of providing adequate services to the additional individuals who would otherwise seek credit counseling from such agencies.
In other words, if you cannot locate bankruptcy credit counseling in a language you understand, you may not be required to complete it.
I know that some New York consumers are currently grinning.
You understand where I'm headed with this.
New York City is the largest melting pot in the entire globe, with residents who speak every conceivable language under the sun. I'm confident that if we looked hard enough, we could locate someone in New York who speaks a language from every country on the planet.
And some of these individuals who speak foreign languages will need assistance filing for bankruptcy. If it is going to occur anywhere, it will occur in New York.
Wait your turn.
Before you proceed down that road, keep in mind the following:
If you speak English and a language for which credit counseling related to bankruptcy is unavailable, you cannot use Section 109(h)(2)(A). All services are provided in English.
Local credit counseling services are unnecessary. In fact, the Executive Office of the United States Trustee maintains a list of nationwide approved providers. Therefore, if you only speak one of the Khoisan languages and cannot locate a service provider in New York, you may discover someone else on the list.
Obviously, if none of the providers speak your language and cannot assist you, you may be exempt from the requirements of the bankruptcy law under Section 109(h)(2)(A). Just do not rely on it. In any case, we reside in a large country.""
" - https://www.affordablecebu.com/