Q: How does an individual locate an approved debtor education provider that offers services in languages other than English?

A: If an approved provider offers services in languages other than English, those languages are noted on the provider profile under the judicial district where approved to offer services. The majority of services for individuals with limited English proficiency are offered via the telephone, although there are a number of agencies offering in person education in languages other than English.

Q: What efforts should approved debtor education providers undertake to accommodate debtors who have no or limited proficiency in the English language?

A: Approved providers should make every reasonable effort to accommodate debtors with limited or no proficiency in the English language. Such accommodation may include providing services in the debtor's language; permitting community volunteers, friends, or family members of the debtor to attend the session and provide translation; or referring the debtor to an approved agency that offers services in his/her language.

Q: Is there a deadline for submitting an application?

A: There is no application deadline. Generally, applications will be reviewed as they are received.

Q: Can an attorney apply to be a credit counselor and/or debtor educator?

A: Attorneys are eligible to be approved as credit counselors and/or debtor educators, provided they meet the requirements set forth in Section 111 of the Bankruptcy Code. However, there may be state bar ethical considerations or other factors that limit an attorney’s ability to provide these services or restrict how the services are rendered.

Q: Can educational institutions apply to be approved providers of personal financial management instructional courses?

A: Educational institutions, including colleges, universities, and a consortia of educational institutions, may apply for approval as providers of personal financial management instructional courses.

Q: If I apply for a limited number of judicial districts now, how do I get approval for additional districts later?

A: A credit counseling agency or provider of an instructional course, once approved, may seek approval in additional districts by submitting a new application, noting the additional judicial districts where approval is sought, as well as the districts in which approval has already been granted.

A: The Debtor Education Application Instructions (at Section 4.2) set forth the minimum topics on which written information and instruction must be provided. Course materials submitted with the Application will be evaluated to ensure the minimum topics are addressed.

Q: Is a self-study personal financial management course acceptable?

A: A self-study personal financial management course may be approved; however, there must be a mechanism for the provider to verify a debtor’s completion of the course before issuing a certificate. Additionally, the provider must be able to collect sufficient information upon completion of the course by the debtor to permit the U.S. Trustee Program to evaluate course effectiveness.

Q: Can payment for a debtor education course be made by a person other than the debtor (e.g., payment by the debtor’s attorney)?

A: The United States Trustee Program does not object to payments for a debtor education course being made by a person(s) other than the debtor, so long as such payments are reasonable and comply with applicable laws, regulations, and ethical requirements. This position assumes that payments are fully disclosed and do not adversely affect the quality of the services rendered.

Q: May an approved credit counseling agency that is also an approved provider of personal financial management instructional courses offer both services before a bankruptcy case is filed?

A: No. The Bankruptcy Code requires (with few exceptions) that credit counseling must be completed BEFORE an individual files for bankruptcy, and that debtor education must take place AFTER the bankruptcy case is filed. Accordingly, it is not appropriate for an approved agency to offer both services to clients in one pre-bankruptcy session.