Do I need to meet with a bankruptcy attorney before I complete the course? No, you may complete the course without notifying a bankruptcy attorney. When do I need to take this post-filing debtor education course? In a chapter 7 case, you must take the debtor education course: 1 after you file your bankruptcy case and 2 within 60 days after your first meeting date with your creditors and bankruptcy trustee.
This meeting is also known as a Sec. In a chapter 13 or chapter 11 case, the debtor education course must be taken 1 after you file your petition for bankruptcy and 2 no later than the last payment you have to make as required by your bankruptcy plan, or the filing of a motion for entry of a discharge.
Is Second Bankruptcy Course an approved provider of the post-filing debtor education course? How do I complete the course by phone?
To complete the automated telephonic course, call You must provide a valid email address to take the telephonic course. How much does the course cost? If you are filing a joint bankruptcy, you are only required to pay one fee to take the course. What forms of payment do you accept? Is the information I submit through this website secure? Yes, Second Bankruptcy Course is committed to maintaining your privacy and online confidentiality, including the use of special encryption to protect your personal information.
Please see the Privacy Policy for more information. How long is the post filing debtor education course? The post-filing debtor education course takes a minimum of 2 hours. Trustee Program may issue these certificates for filers in all states and territories except for Alabama and North Carolina.
In Alabama and North Carolina, the bankruptcy administrator approves credit counseling and debtor education providers. Lists of approved providers for the six judicial districts in Alabama and North Carolina are maintained by the bankruptcy administrator for that district or bankruptcy court.
An entity seeking to become an authorized credit counseling or debtor education provider in Alabama or North Carolina must go through an application process administered by the bankruptcy administrator for that district. The United States Bankruptcy Administrator Program , a bankruptcy estate administration program established by the federal judiciary, presently serves only the six federal judicial districts in the States of Alabama and North Carolina.
The bankruptcy administrator program is separate from the U. Main content Credit Counseling and Debtor Education Courses All individual bankrutpcy filers are required to complete pre-bankruptcy credit counseling and pre-discharge debtor education. Q: What is the deadline for submitting an application?
A: There is no deadline for new applicants. However, a currently approved provider must re-apply no later than 45 days before its current approval period expires, unless the USTP grants a written extension. Q: What is the application review process? A: Upon receipt of a complete application package, the USTP will send an acknowledgment email to the applicant.
A financial analyst will then review the application and will contact the applicant if more information is required. To ensure adequate and prompt review, applicants should follow the application instructions closely, answer every question completely, provide up-to-date information, and provide all relevant responses and documents. Applications can be completed using a fillable PDF form. Q: 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?
A: Yes, provided that your application for re-approval was submitted timely, meaning forty-five to sixty days before the expiration of your current approval, or you have received written USTP consent to an extension of time to apply.
Q: May an attorney apply to be an approved debtor education provider? A: Attorneys may be approved as debtor education providers if they meet the requirements set forth in 11 U. Q: May educational institutions apply to be approved debtor education providers? A: Educational institutions, including colleges and universities, may apply for approval as debtor education providers. A simplified application process is available.
Q: If applying for a limited number of judicial districts now, may a provider obtain approval for additional districts later? A debtor education provider, once approved, may request approval for additional judicial districts by submitting an amended application. The amended application shall list both the additional judicial districts for which approval is being requested, as well as the currently approved districts. Q: May a debtor education provider change its fee structure after approval of its application?
To request approval to increase fees, a provider must submit an amended application setting forth the proposed increased fees, as well as the reason for the increase. A provider may decrease fees without prior USTP approval. Q: May a debtor education provider change the services it provides? A: When a provider makes a material change to its services, the provider must obtain advance approval from the USTP by submitting an amended application.
The following material changes require advance approval:. To amend the application, complete only the relevant portions of the application form, including a newly executed Certification and Signature Section 8 of the application and any relevant appendices, and submit all documents to the USTP by electronic mail, U.
Debtor Education Instructional Course Process. Q: What efforts should approved debtor education providers undertake to accommodate debtors who have limited or no proficiency in the English language? A: Approved providers should make every reasonable effort to accommodate debtors with limited English proficiency. Q: 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?
The Bankruptcy Code requires individuals to complete credit counseling before filing for bankruptcy, subject to certain exceptions, and requires debtor education to be completed after the bankruptcy case is filed. Q: Is there a standard curriculum for debtor education courses?
Providers should consult the final rule, 28 C. Course materials submitted with the application will be evaluated to ensure they comply with these requirements. Q: Must an instructional course last at least two hours? A: Yes, an instructional course must last a minimum of two hours and cover each of the substantive topics set forth in the final rule. Q: May a debtor education provider seek approval for a self-study instructional course? A: Although a self-study instructional course may be approved, it must include a mechanism to enable the provider to verify that the debtor is the person who completed the course and spent two hours on the course before a certificate can be issued.
Additionally, the provider must be able to collect sufficient information upon course completion to permit the USTP to evaluate course effectiveness. Q: Must an agency provide separate instruction to joint filers?
Ability to pay shall be determined based on income information the debtor submits to the provider. The poverty level is defined as the poverty guidelines updated periodically in the Federal Register by the U. Department of Health and Human Services under the authority of 42 U. Q: 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?
A provider may not represent that its fees are federally mandated or required by law, or by the Department of Justice. The USTP also will consider other variables such as geographic location, the types of services the provider supplies, administrative costs, and alternate funding sources. Persons other than the debtor may pay for debtor education, as long as such payments comply with applicable laws, regulations, and ethical requirements such as state laws and rules concerning attorney ethics.
The provider shall disclose to the debtor the fee actually charged and paid on the debtor's behalf for the debtor education session. A provider must disclose clearly all fees that it charges for the instructional course, including any separate fee for the issuance of a certificate, before providing any information to or obtaining any information from a debtor, and before beginning an instructional course.
This requirement assists the USTP in ensuring that only approved providers issue certificates. Q: May a provider issue blocks of certificates to attorneys or third parties?
Certificates shall be issued to each debtor as each debtor completes a debtor education session. Q: May a provider issue certificates before instruction is complete?
Certificates shall be issued to each debtor only after the debtor has completed a debtor education session. Advance certificate issuance is improper and jeopardizes the integrity of the debtor education course process. Q: 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?
A: If the original certificate contains erroneous information such as a misspelled name or incorrect judicial district , cancel the original certificate and issue a new certificate.
What should I do? A: You may e-mail a request for assistance to ust. Requests for assistance received outside ordinary business hours a. How can I obtain or reset my administrator password?
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