Pre-Filing Bankruptcy Disclosures
You must read and acknowledge the following disclosures before you can register for the credit counseling course.
Take Charge America (TCA) is a nonprofit organization dedicated to providing confidential credit counseling and personal financial education to consumers.
Counselor Qualifications. All TCA counselors obtain and maintain financial counseling certification through the National Foundation for Credit Counseling (NFCC). Although a counselor may answer general questions about bankruptcy, TCA does not provide legal or tax advice. If legal or tax advice is needed, you should seek the appropriate assistance from a qualified attorney or tax professional.
Languages. TCA provides the debtor education course in English and Spanish. If you need services in another language, please refer to the approved list of debtor education providers for your judicial district.
Certificate of Completion. TCA has an obligation to provide an appropriate Certificate of Completion promptly to each individual or joint filer no later than one business day after completing the credit counseling session. Your session includes completion of the credit counseling course followed by a personalized interaction with a counselor. During this personalized interaction, we will discuss options and develop a plan for resolving your debt, without incurring negative amortization of debt. The certificate will only be issued if you complete your counseling session. If you should lose or misplace the certificate, we will resend the certificate at your request for no charge.
Alternatives to Bankruptcy. You have the opportunity to negotiate an alternative payment schedule with regard to each unsecured consumer debt as set forth in 11 USC 502(k). TCA does not provide this service to clients counseled and/or educated via our bankruptcy counseling and bankruptcy education services. If you would like this service, you will need to refer to the approved list of debt management providers for your judicial district, and may incur additional fees charged by that agency.
Impact on Credit Report. TCA does not disclose or provide, to a credit reporting agency, information concerning whether an individual client has received or sought credit counseling from the organization. Therefore, your participation in credit counseling does not affect your credit report. Debt management plans may have a favorable or unfavorable impact on your credit report. Filing for bankruptcy has a negative impact on a credit profile and is reported for 7 to 10 years, in most cases.
Fee Policy. The fee for an individual or joint session is $50. There are no additional fees for generation of the certificate. Once you agree to these Pre-Filing Bankruptcy Disclosures, you will be provided with instructions on how to make your payment.
You may be eligible for a fee waiver upon written verification of your lack of ability to pay. A fee waiver will be provided if your household income is less than 150% of the poverty guidelines for your state and family size as provided and updated periodically by the U.S. Department of Health and Human Services. To receive a fee waiver, you must provide proof of your household’s monthly gross income or a letter from your attorney stating that your bankruptcy filing services are being provided pro bono. Acceptable documents that can be used as proof of income include your most recent tax return or W2s, three most recent pay stubs, unemployment certificate, a statement of benefits obtained from the government or Social Security Administration, or leave and earnings statement from the military. Please contact us at 866-750-9634 for instructions on how to submit your fee waiver request.
We will notify you of our decision regarding your fee waiver request within two business days via email or by your preferred method.
Customer Privacy. Protecting your personal information is important to us.All client information is held in strict confidence by TCA in compliance with the Gramm-Leach–Bliley Privacy Act. However, there are certain circumstances where we may share information we receive from you, without personally identifying you, for research purposes. In addition, we may share information about you as authorized by you or permitted by law or with authorized agencies with legitimate authority to monitor our practices. One such agency is the United States Trustee, which has oversight of TCA’s Pre-Filing Bankruptcy Counseling services. Your information may be disclosed to the United States Trustee in the ordinary course of this oversight or during the investigation of complaints, during on-site visits, or during quality of service reviews. In addition, calls may be monitored or recorded. TCA’s privacy policy is available at TakeChargeAmerica.org.
Funding Sources. TCA receives funding from creditors in the form of contributions related to financial education programs and debt management plans administered by TCA, grants from private foundations and corporations, and fees from clients for some of our services.
Referrals. TCA does not pay or receive referral fees for the referral of clients, except under a fair share agreement.
US Trustee Review: The United States Trustee has reviewed only TCA’s credit counseling services and its services as a provider of a personal financial management instructional course and has neither reviewed nor approved any other services TCA provides to clients.