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The FAQs have been separated into five major areas. Some issues may be cross-cutting. Debtors, applicants, and approved providers may find it helpful to review the questions in each area.
Access Issues
Applicant Issues
Curriculum Issues
Fee Issues
General Issues
Click on the area of interest to view the related questions; then on the question to view the answer.
Updated: August 2006
Updated: October 2011
Q: Is there a deadline for submitting an application?
Updated: November 2005
Q: Can an attorney apply to be a credit counselor and/or debtor educator?
Updated: November 2005
Updated: November 2005
Updated: November 2005
Q: Is there a standard curriculum for debtor education courses?
Updated: November 2005
Q: Is a self-study personal financial management course acceptable?
Updated: November 2005
Updated: November 2005
Updated: August 2006
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.
Updated: August 2006
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 client's language or referring the client to an approved agency that offers services in the language in which the client is proficient.
Updated: October 2011
Q: Is there a deadline for submitting an application?
A: There is no application deadline. Generally, applications will be reviewed as they are received.
Updated: November 2005
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.
Updated: November 2005
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.
Updated: November 2005
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.
Updated: November 2005
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.
Updated: November 2005
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.
Updated: November 2005
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.
Updated: November 2005
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.
Updated: August 2006
