For Consumers
- Finding a Debtor Education Provider
- Taking the Debtor Education Instructional Course
- May I complete my debtor education and credit counseling requirements in the same session?
- May an individual with a power of attorney for a debtor (such as an incarcerated debtor) complete a debtor education course on behalf of that debtor?
- Will the USTP advise whether a power of attorney is sufficient to allow the authorized representative to complete debtor education on behalf of a debtor?
- Do joint filers need separate instructional courses if they have filed a joint bankruptcy petition?
- Paying for the Debtor Education Instructional Course
- Certificates
- What if I have lost my certificate or it contains an error?
- May a provider file certificates of completion or notice of completion on behalf of a student?
- How does a provider file certificates of completion or notice of completion on behalf of a student?
- Does EOUST provide guidance or assistance with filing certificates of completion with the bankruptcy court?
- New Final Rule (codified at 28 C.F.R. §§ 58.25 –58.36)
- What is the effective date of the final rule?
- How does the debtor education final rule differ from the debtor education provisions of the Interim Final Rule?
- May an individual with a power of attorney for a debtor (such as an incarcerated debtor) complete a debtor education course on behalf of that debtor?
- Will the USTP advise whether a power of attorney is sufficient to allow the authorized representative to complete debtor education 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 debtor education even if my application for re-approval is under consideration and more than one year has elapsed since my current approval was granted?
- May an attorney apply to be an approved debtor education provider?
- May educational institutions apply to be approved debtor education providers?
- Amendments to the Application
- Debtor Education Instructional Course Process
- What efforts should approved debtor education providers undertake to accommodate debtors who have limited or no 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?
- Is there a standard curriculum for debtor education courses?
- Must an instructional course last at least two hours?
- May a debtor education provider seek approval for a self-study instructional course?
- Must an agency provide separate instruction to joint filers?
- Client Payment Issues
- What factors are to be considered in determining an individual’s “ability to pay”?
- When shall a provider disclose its fees and fee waiver and/or fee reduction policies to debtors?
- Once approved by the USTP as a debtor education provider, may the provider 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 debtor (such as the debtor’s attorney) make payment for a debtor education course?
- Certificates
- May a debtor education provider charge a separate fee for issuing the certificate that the debtor files in bankruptcy court?
- May a debtor education provider’s “d/b/a” appear on the debtor education certificate?
- May a provider issue blocks of certificates to attorneys or third parties?
- May a provider issue certificates before instruction is complete?
- May the provider e-mail a completed certificate of instruction directly to the debtor or the debtor’s attorney, or provide it for uploading on the provider’s Web site?
- May a provider file certificates of completion or notice of completion on behalf of a student?
- How does a provider file certificates of completion or notice of completion on behalf of a student?
- Does EOUST provide guidance or assistance with filing certificates of completion with the bankruptcy court?
- Certificate Generation System (“CGS”) – Printing Issues
- CGS – Password Issues
- I am the provider’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 a provider maintain its records?
- When must a provider file the new debtor education activity report (Appendix E to the debtor education application)?
- We also are an approved credit counseling agency and currently submit the credit counseling activity report (Appendix E to the credit counseling 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 “certificates issued at reduced cost” mean?