Consumers
- Counseling Requirements
- Finding a Counseling Agency
- Taking the Counseling
- Can I complete my debtor education and credit counseling requirements in the same session?
- May an individual with a power of attorney for a client (such as an incarcerated client) complete credit counseling on behalf of that client?
- Will the USTP advise whether a power of attorney is sufficient to allow the authorized representative to complete credit counseling on behalf of a client?
- Do individuals need separate financial counseling sessions if intending to file a joint bankruptcy petition?
- If my credit counseling agency does not offer debt repayment plans (DRPs, also known as debt management plans, or DMPs), may I still enter into a DRP/DMP?
- Paying for Counseling
- Certificates
- New Final Rule (codified at 28 C.F.R. §§ 58.12 – 58.24)
- What is the effective date of the new final rule?
- How does the credit counseling final rule differ from the credit counseling provisions of the Interim Final Rule?
- May an individual with a power of attorney for a client (such as an incarcerated client) complete credit counseling on behalf of that client?
- Will the USTP advise whether a power of attorney is sufficient to allow the authorized representative to complete credit counseling on behalf of the beneficiary?
- Application Process
- What is the deadline for submitting an application?
- What is the application review process?
- Will the USTP accept applications by electronic mail or facsimile?
- If I am currently approved, can I continue to provide credit counseling even if my application for re-approval is under consideration and more than one year has elapsed since my current approval was granted?
- For agencies proposing to offer DMPs or DRPs, what documentation of bonding and insurance must be submitted with the application?
- May an attorney apply to be an approved credit counseling agency?
- Once a credit counseling agency is approved by the USTP, does the agency need to remain compliant with state laws, such as state laws governing licensing, permits, bonding, etc. ?
- Amendments to the Application
- If applying for a limited number of judicial districts now, may an agency obtain approval for additional districts later?
- May a credit counseling agency change its fee structure after approval of its application?
- May a credit counseling agency change the services it provides after approval of its application?
- Counseling Process
- How long should a typical counseling session last?
- When is Internet or automated telephone counseling considered “complete”?
- How must an agency verify that the individual receiving the counseling via the Internet or automated telephone is the actual client?
- May a credit counselor advise a client whether or when to file bankruptcy?
- What efforts should approved credit counseling agencies undertake to accommodate clients who have no or limited proficiency in the English language?
- May an approved credit counseling agency that is also an approved provider of a debtor education instructional course offer both services before a bankruptcy case is filed?
- Must a credit counseling agency provide separate counseling to individuals who intend to file a joint bankruptcy petition?
- Client Payment Issues
- What factors are to be considered in determining an individual’s “ability to pay”?
- When shall an agency disclose its fees and fee waiver and/or fee reduction policies to its clients?
- Once approved by the USTP as a credit counseling agency, may the agency represent that the fee it charges is federally mandated or required by law or the Department of Justice?
- What is considered a “reasonable fee”?
- May a person other than the client (such as the client’s attorney) pay for the credit counseling?
- Debt Repayment Plans (DRPs) (also known as debt management plans, or DMPs)
- Certificates
- May a credit counseling agency charge a separate fee for issuing the certificate that the client must file in bankruptcy?
- May a credit counseling agency’s “d/b/a” appear on the credit counseling certificate?
- May a credit counseling agency issue blocks of certificates to attorneys or third parties?
- May a credit counseling agency issue certificates before counseling is complete?
- Certificate Generation System (“CGS”) – Printing Issues
- May a credit counseling agency email a completed certificate of counseling directly to the client or the client’s attorney, or provide it for uploading on the agency’s Web site?
- What if a client loses the certificate?
- What if the certificate contains an error?
- I need to reprint a certificate for a client, but I issued the certificate during my agency’s prior approval period and am unable to reprint it now. What should I do?
- CGS – Password IssuesM
- I am the agency’s CGS administrator and have forgotten the administrator password. How can I obtain or reset my administrator password?
- I have forgotten a user password for CGS. How can I obtain or reset a user password?
- I am locked out of CGS – that is, I have received the “User Account Disabled” notification. How do I regain access?
- Activity Report Issues
- How long must an agency maintain its records?
- When must an agency file the credit counseling activity report (Appendix E to the application)?
- Our agency also is approved to provide a debtor education instructional course and currently submits the debtor education activity report (Appendix E to the application) twice a year as well. May we report both the credit counseling and debtor education data on the same form?
- What does the term “number of other new clients counseled this reporting period” mean?
- What does the term “certificates issued at reduced cost” mean?
SOURCE: http://www.justice.gov/ust/frequently-asked-questions-faqs-credit-counseling