Bankruptcy Frequently Asked Questions
What is the cost for the Pre-Filing Counseling program?
What is the cost for the Post-Filing Debtor Education program?
Does the Institute for Financial Literacy offer Debt Management Plans ("DMP's"),
debt settlement or debt renegotiation services?
What services does the Institute for Financial Literacy offer for individuals
seeking to file bankruptcy?
Does a client have to use both programs?
Can attorneys collect clients’ fees for counseling and/or education
and hold them in client trust?
Is an attorney required to collect clients’ fees for the Institute?
Can attorneys charge additional program related fees to clients they sign
up for a program?
How long does it take a client to complete the Pre-Filing Counseling session?
How soon after completing the Pre-Filing counseling session will clients
receive their certificate of completion?
How soon after completing the Pre-Filing Counseling session will attorneys
receive a client’s certificate of completion?
Can a client complete the Pre-Filing Counseling in their attorney's office?
How long does it take to complete the Post-Filing Debtor Education course?
How soon after completing the Post-Filing Debtor Education course will
clients receive their certificate of completion?
How soon after completing the Post-Filing Debtor Education course will
attorneys receive a client’s certificate of completion?
How big is the Post-Filing Debtor Education workbook?
Can an attorney assist the client in completing the Pre-Filing Counseling
or the Post-Filing Debtor Education?
Can a Durable Power of Attorney, Power of Attorney or Attorney In Fact
complete the Pre-Filing Counseling or Post-Filing Debtor Education on behalf
of an incapacitated client?
Q: What is the cost for the Pre-Filing Counseling program?
A: The cost of the Institute’s Pre-Filing Counseling session is $50
for a household (single or couple) regardless of whether it is done through
the internet, by telephone or in person.
Q: What is the cost for the Post-Filing Debtor Education program?
A: The cost of the Institute’s Post-Filing Debtor Education
course is $50 for a household (single or couple) regardless of whether
it is done through the internet, by telephone, through home study or in
person.
Q: Does the Institute for Financial Literacy offer Debt Management
Plans ("DMP's"), debt settlement or debt renegotiation services?
A: No. The Institute believes that these services are incompatible
with its mission, which is to make effective financial literacy education
available for all American adults.
Q: What services does the Institute for Financial Literacy offer
for individuals seeking to file bankruptcy?
A: The Institute is approved by the Executive Office of the United
States Trustees and the Bankruptcy Administrators in all 94 judicial districts,
in every state and U.S. territory to provide both Pre-Filing Counseling
and Post-Filing Debtor Education. Some commentators refer to these requirements
as a "ticket in" and "ticket out" of bankruptcy. Please
note that approval does not endorse or assure the quality of a provider’s
services. Clients who complete the Post-Filing Debtor Education course
will also receive a quarterly newsletter for one year.
Q: Does a client have to use both programs?
A: No. A client can choose to use just the Pre-Filing Counseling
program, just the Post-Filing Debtor Education program, or both programs. There
is no obligation to participate in both programs.
Q: Can attorneys collect clients’ fees for counseling and/or
education and hold them in client trust?
A: Yes. There is no indication from either the UST or BA that
this is a prohibited practice. Attorneys may collect a client’s
fee on behalf of the Institute, hold them in client trust and remit them
to the Institute on a regular basis. Attorneys are prohibited by UST and
BA guidelines from “marking up” an agency or provider’s
fee, adding a surcharge or technology fee, or otherwise increasing the
client’s cost for pre-filing counseling or post filing debtor education. Attorneys
should also consult local bar rules regarding the collection and dissemination
of client funds, to ensure they are in compliance.
Q: Is an attorney required to collect clients’ fees for the
Institute?
A: No. Only Facilitators collect the Institute’s fees
under the Facilitator Agreement. Registered Attorneys and attorneys
making Direct Referrals do not collect the Institute’s fees.
Q: Can attorneys charge additional program related fees to clients
they sign up for a program?
A: The UST and BA clearly state that approved agencies cannot pay
or receive referral fees or other consideration for the referral of clients
to or by the agency. This language establishes that attorneys are
prohibited from “marking up” an agency or provider’s
fee, adding a surcharge or technology fee, or otherwise increasing the
client’s cost for pre-filing counseling or post filing debtor education.
Q: How long does it take a client to complete the Pre-Filing Counseling
session?
A: The Executive Office of the United States Trustees and Bankruptcy
Administrators have directed that the average pre-filing counseling session
be 60 to 90 minutes in length for all agencies.
Q: How soon after completing the Pre-Filing counseling session will clients
receive their certificate of completion?
A: After speaking with the client at the completion of the Pre-Filing
Counseling session, the counselor answers any questions the client may
have and issues the certificate of completion. The certificate is
then emailed, faxed or mailed to the client.
Q: How soon after completing the Pre-Filing Counseling session will
attorneys receive a client’s certificate of completion?
A: At the same time the client receives their certificate if the
attorney is a Facilitator or Registered Attorney. Otherwise, the
client must provide the attorney’s email address or fax number and
request that the Institute provide the attorney with a copy.
Q: Can a client complete the Pre-Filing Counseling in their attorney's
office?
A: The Institute is not aware of any prohibition against a client
completing the Pre-Filing Counseling in their attorney's office, so long
as the counseling session is furnished by a provider approved by the United
States Trustees or appropriate Bankruptcy Administrator. The Institute’s
programs are designed to allow clients to complete the program in the comfort
of their home, in their attorney's office, or wherever internet or telephone
access is available.
Q: How long does it take to complete the Post-Filing Debtor Education
course?
A: The Executive Office of the United States Trustees and Bankruptcy
Administrators have directed that the post-filing debtor education course
take a minimum of 2 hours to complete for all providers.
Q: How soon after completing the Post-Filing Debtor
Education course will clients receive their certificate of completion?
A: In order to complete the Post-Filing Debtor Education course
by Internet, clients must finish the online component and then call in
to speak briefly with an educator. In order to complete the Post-Filing
Debtor Education course by Homestudy, clients must read the entire workbook,
call in to speak with an educator for about 30 minutes, and mail or fax
in forms they received with the workbook. In order to complete the
Post-Filing Debtor Education course by Telephone, clients must attend a
live, 2 hour telephone seminar (think “classroom by phone”),
and then mail or fax in forms they received with their workbook. Once
the Post-Filing Debtor Education course is complete, an educator issues
the certificate of completion the same day. The certificate is then
emailed, faxed or mailed to the client.
Q: How soon after completing the Post-Filing Debtor Education course
will attorneys receive a client’s certificate of completion?
A: At the same time the client receives their certificate if the
attorney is a Facilitator or Registered Attorney. Otherwise, the
client must provide the attorney’s email address or fax number and
request that the Institute provide the attorney with a copy.
Q: How big is the Post-Filing Debtor Education workbook?
A: The workbook is 75 pages, 8.5” x 11” in an easy to
read format. It takes between 90 minutes and 2.5 hours to read the
entire workbook depending on a client’s reading level.
Q: Can an attorney assist the client in completing the Pre-Filing
Counseling or the Post-Filing Debtor Education?
A: No direct guidance on this issue has been provided by the Executive
Office of the United States Trustees or the Bankruptcy Administrators. It
is the opinion of the Institute that EOUST and BAs will not object to an
attorney’s office helping clients with a counseling session or debtor
education course in specific circumstances, so long as the client directs
all activities and is not "spoon fed" or otherwise guided through
the program by the attorney or office staff. Examples of specific
circumstances that UST or BA might decide warrants facilitation include
clients with a language barrier or clients who are illiterate. Clients
who are incapable of using a computer (such as the elderly) may also warrant
this level of assistance. Attorneys may also seek guidance in local
rules and ethical practices regarding the facilitation of clients' legal
signature in situations where the client is illiterate or incapacitated.
Attorneys are also reminded that clients who cannot complete counseling
or education due to mental or physical limitations are exempt from these
requirements, although these exemptions are likely to be narrowly tailored
by the courts.
Q: Can a Durable Power of Attorney, Power of Attorney or Attorney
In Fact complete the Pre-Filing Counseling or Post-Filing Debtor Education
on behalf of an incapacitated client?
A: NO. The Executive Office of the United States Trustees
and the Bankruptcy Administrators have provided direct guidance on this
issue and prohibit the completion of either session by an attorney in fact.
Attorneys are also reminded that clients who cannot complete counseling
or education due to mental or physical limitations are exempt from these
requirements, although these exemptions are likely to be narrowly tailored
by the courts.