Application for Debt Education Course Provider

OMB No. 1105-0085 Approval Expires 06/01/2009

U.S. Department of Justice
Executive Office for United States Trustees

INSTRUCTIONS FOR
APPLICATION FOR APPROVAL AS A PROVIDER OF A
PERSONAL FINANCIAL MANAGEMENT INSTRUCTIONAL COURSE
Introduction. A provider of a personal financial management instructional course seeking
probationary or annual approval by the United States Trustee, in accordance with 11 U.S.C.
§ 111, (hereinafter “Provider”) shall submit an application to the Executive Office for United
States Trustees (EOUST) in the form described below. The Provider shall provide all
information and documents required by the EOUST or the United States Trustee responsible for
each judicial district in which the Provider seeks approval. Unless otherwise stated, the
application and appendices shall be type-written and include an original and one copy.
Deadline for Submission of Application for Re-Approval. Unless terminated earlier, a
Provider’s approval to provide a personal financial management instructional course terminates
at the conclusion of either the initial six-month probationary period, if the Provider was not
approved previously, or the annual approval period. To ensure the timely review and reapproval of providers, applications for re-approval must be submitted to the EOUST no earlier
than sixty (60) days and no later than forty-five (45) days prior to the expiration of the applicable
time period. Failure to submit the application within the required time period may result in
expiration of the Provider’s approval and removal from the list of approved providers of a
personal financial management instructional course.
Mailing Instructions, Information Requests, and Notifications. The application package
should include the completed application, all documents and information requested, and a copy
of the completed package (only one set of the course materials must be submitted with the
application). Once completed, the entire package should be sent by overnight mail to the
following address:
Executive Office for U.S. Trustees

Debtor Education Application Processing

20 Massachusetts Avenue, NW

8th Floor

Washington, DC 20530

(202) 514-4100
Supplemental information requests and notifications will be sent to the principal contact
identified in the application. Responses to requests should be submitted to the address stated
above unless otherwise instructed. The Provider has a continuing duty to promptly notify the
EOUST of any circumstances that would materially alter or change a response to any section of
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the application. Notification must be in writing, signed by an authorized official, and include all
pages of the application and/or appendices that are affected by the change.
Applications should be completed in their entirety before submission. An incomplete
application may result in delay or denial of the application. Upon receipt of the application, the
Provider will, as soon thereafter as practical, receive an acknowledgment letter that the
application has been received.
Application Form and Instructions. The application form and instructions consist of the
following sections:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Appendix A.

Appendix B.
Appendix C.
Appendix D.
Appendix E.
Appendix F.

General Information Concerning the Provider
Qualifications/Experience of Provider
Experienced and Trained Personnel (Teachers)
Learning Materials and Methodologies (Course Curriculum)
Facilities
Fees and Issuance of Certificates
Activity Report for Approved Providers
Acknowledgments, Agreements, and Declarations
Certification and Signature
Acknowledgments, Agreements, and Declarations in Support of
Application for Approval as a Provider of a Personal Financial
Management Instructional Course

Judicial Districts

Teaching Methods and Business Locations

Matrix of Current Teachers

Provider Checklist for Adequacy of Facilities

Activity Report for Approved Providers

Burden Statement. Respondents are not required to complete this form unless it contains a
valid OMB number. The public reporting burden for this application is estimated to average
eight hours for an initial application and six hours for a re-application, including time for
reviewing instructions, gathering information, and completing the application. Comments
regarding this burden estimate or any other aspect of this application, including suggestions for
reducing the burden, should be directed to the Executive Office for United States Trustees,
Debtor Education Application Processing, 20 Massachusetts Avenue, NW, 8th Floor,
Washington, DC 20530.
Privacy Act Statement. Section 111 of title 11, United States Code, authorizes the collection of
this information. The primary use of this information is by the Executive Office for United
States Trustees to approve providers of instructional courses concerning personal financial
management. Additional disclosure of the information may be to district and regional offices of
each United States Trustee. The information will not be shared with any other agencies unless
allowed by law.
Public Law 104-134 (April 26, 1996) requires that any person doing business with the federal
government furnish a Social Security Number or Tax Identification Number. This is an
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amendment to title 31, Section 7701. Furnishing the Social Security Number, as well as other
data, is voluntary, but failure to do so may delay or prevent action on the application.
Section 1.

General Information Concerning the Provider

1.

Name of Provider. In response to Section 1.1, the name of the Provider should be
the name under which the Provider is incorporated or organized as designated
with the appropriate state agency. Any other alias, d/b/a, or fictitious name
should be stated in Section 1.4 of the application.

2.

Judicial Districts. Following either the probationary or annual approval of the
Provider’s application, if the Provider requests authorization to commence
providing personal financial management instructional courses in any judicial
district in which it was not previously approved, the Provider must submit an
amended application to the EOUST in the form described herein in order to obtain
such authorization. The amended application must reflect all material changes
that will occur due to the addition of judicial districts.
If a Provider, after submitting an amended application, is approved to provide a
personal financial management instructional course in any judicial district not
previously approved, the approval for the additional judicial district(s) shall
terminate in conjunction with the expiration of the last approved application.
If a Provider requests authorizations to cease providing personal financial
management instructional courses in any district in which it was previously
approved, the notification must be in writing and signed by an authorized official.

3.

Complete Section 1 of the Application.

Section 2.

Qualifications/Experience of Provider

1.

Compliance with Laws and Regulations. The Provider must be in compliance
with all applicable laws and regulations of the United States and each state,
commonwealth, district, or territory of the United States in which the Provider
conducts courses. Nothing contained in these instructions, the application, or the
appendices thereto, is intended to preempt any applicable law or regulation
governing the conduct or operations of the Provider.

2.

Complete Section 2 of the Application.

Section 3.

Experienced and Trained Personnel (Teachers)

1.

Generally. The Provider must employ trained teachers with adequate experience
and training in providing effective instruction and services.

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2.

Qualifications. The Provider shall employ, at a minimum, an individual who
holds at least one of the following current certifications and/or accreditations, or
who has equivalent training or experience, to supervise instructors:
a.

A state teacher’s certificate in any subject;

b.

Certified Financial Planner (CFP);

c.

Certification or accreditation as a credit counselor or a financial counselor
from a recognized independent organization;

d.

Certification by the American Association of Family and Consumer
Sciences;

e.

Registered Financial Consultant (RFC); or

f.

Certified Public Accountant (CPA).

If a teacher is certified or accredited as a credit counselor or a financial counselor
by an independent organization, attach a statement to Appendix D setting forth
the organization’s name, contact information, and the criteria for obtaining the
certification or accreditation.
3.

Complete Section 3 of the Application.

Section 4.

Learning Materials and Methodologies (Course Curriculum)

1.

Generally. The Provider’s learning materials and methodologies must be
designed to assist debtor students in understanding personal financial
management and must be consistent with stated objectives of such instructional
course.

2.

Course Objectives. The Provider shall ensure that the course provides, at a
minimum, written information and instruction on all of the following topics:
a.

Budget Development
•
•
•

b.

Setting short-term and long-term financial goals, as well as
developing skills to assist in achieving these goals.
Calculating gross monthly income and net monthly income.
Identifying and classifying monthly expenses as fixed, variable, or
periodic.

Money Management
•

Keeping adequate financial records.

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•
•
•

c.

Wise Use of Credit
•
•
•
•

d.

The types, sources, and costs of credit and loans.
Identifying debt warning signs.
Appropriate use of credit and alternatives to credit use.
Checking a credit rating.

Consumer Information
•
•

3.

Developing decision-making skills required to distinguish between
wants and needs, and to comparison shop for goods and services.
Maintaining appropriate levels of insurance coverage, taking into
account the types and costs of insurance.
Saving for emergencies, for periodic payments, and for financial
goals.

Public and non-profit resources for consumer assistance.
Applicable consumer protection laws and regulations, such as
those governing correction of a credit record and protection against
consumer fraud.

Course Procedures. The Provider shall ensure that the following procedures are
followed.
a.

Generally
•

•

•

b.

The Provider shall require each debtor student to provide proof of
identification, to provide his/her bankruptcy case number, and to
sign in and sign out of the course.
The course shall be a minimum of two hours in length. Courses
offered via the Internet or telephone should be designed for
completion within a minimum of two hours.
At the end of the course, the Provider shall collect from each
debtor student a completed course evaluation. The evaluation shall
be in a form acceptable to the Executive Office for United States
Trustees.

Classroom Instruction (For each course offered through classroom
instruction.)
•
•

A teacher shall be present for purposes of instruction and
interaction with debtor students.
Class size shall be reasonably limited to ensure an effective
presentation of the course materials.

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c.

Telephone Instruction (For each course offered through telephonic
instruction.)
•
•

•
•
•

d.

The Provider shall use a toll-free telephone number.
The Provider shall comply with the Americans with Disabilities
Act and also include a toll-free telephone number for deaf or
hearing impaired debtor students, e.g., TTY, TDD, or Text
Telephone.
The Provider shall employ adequate procedures to ensure that the
debtor student is the individual who completed the course.
A teacher shall be present telephonically for purposes of
instruction and interaction with debtor students.
Written copies of the learning materials shall be provided to debtor
students before the telephone instruction session.

Internet Instruction (For each course offered through Internet
instruction.)
•
•

•

The Provider shall comply with the Americans with Disabilities
Act (ADA) and its application to the Internet.
The Provider shall employ adequate procedures to ensure that the
debtor student is the individual who completed the course and that
the individual received approximately two hours of instruction.
A teacher shall respond within one business day to a debtor
student’s questions or comments.

4.

Providers of Telephone Courses or Internet Courses. In addition to meeting all
other requirements, the Provider who conducts telephone or Internet courses must
demonstrate sufficient experience and proficiency in designing and providing
services over the telephone or Internet.

5.

Complete Section 4 of the Application.

Section 5.

Facilities

1.

Generally. The Provider shall ensure that any facility used by debtor students
complies with all applicable laws and regulations including, but not limited to, the
Americans with Disabilities Act Accessibility Guidelines, and all federal, state,
and local fire, health, safety, and occupancy laws, codes, rules, or regulations.

2.

Complete Section 5 of the Application.

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Section 6.

Fees and Issuance of Certificates

1.

Reasonableness of Fees. Fees, contributions, or payments received from debtor
students for courses shall be reasonable in amount. The Provider must provide
services without regard to a debtor student’s ability to pay, and may not withhold
services because of an inability to pay.

2.

Certificates of Counseling. The Provider agrees to have sufficient computer
capabilities to issue certificates of completion of a personal financial management
instructional course in conformance with the directives established by the EOUST
or the United States Trustee.
•

The Provider shall issue certificates to any debtor student who completes a
personal financial management instructional course without regard to the
debtor student’s ability to pay.

•

The Provider shall not withhold the issuance of a certificate because of a
debtor student’s failure to obtain a passing grade on a quiz, examination,
or test. Although a test may be incorporated into the curriculum to
evaluate the effectiveness of the course and to ensure that the course has
been completed, the Provider cannot deny a certificate to a debtor student
if the debtor student has completed the course as designed.

•

The Provider shall not charge a separate fee for the issuance of a
certificate unless the Prover has disclosed such fee before the beginning of
the instructional course.

•

The Provider shall issue a certificate to each spouse in a joint case whether
the course is completed separately or jointly.

•

The Provider shall maintain adequate records to issue replacement
certificates and to verify the authenticity of certificates filed by
bankruptcy debtors.

3.

Complete Section 6 of the Application.

Section 7.

Activity Report for Approved Providers (This section applies only to Providers
who have previously been approved by the United States Trustee and are seeking
re-approval.)

1.

Complete Section 7 of the Application. Upon application for re-approval, the
Agency must furnish an estimate of the information requested, projected to the
end of either the probationary period or annual period. Within thirty (30) days
after the completion of either the probationary period or annual period, the
Agency must furnish an amended Appendix F which includes the actual
information.
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Section 8.

Acknowledgments, Agreements, and Declarations

1.

Agreement to Disclose Information to Debtor Students. The Provider shall
disclose the following information to each debtor student before the debtor
student pays for a course:
•

The Provider’s fee schedule, including any cost to the debtor student in
addition to the course fee.

•

A statement that the course is offered to debtor students without regard to
a debtor student’s ability to pay.

•

The qualifications, including educational and training background, of the
Provider’s teachers.

•

A schedule of course dates, times, and locations.

•

A statement that the Provider does not pay or receive fees or other
consideration for the referral of debtor students to or by the Provider.

•

A statement that, upon completion of the course, the Provider will provide
a certificate of course completion to the debtor student.

2.

Acknowledgment of Prohibitions, Limitations, and Obligations Regarding
Operations. By executing and submitting the Application for Approval as a
Provider of a Personal Financial Management Instructional Course, the Provider
acknowledges the prohibitions, limitations, and obligations set forth in
Appendix A, Acknowledgments, Agreements, and Declarations in Support of
Application for Approval as a Provider of a Personal Financial Management
Instructional Course.

3.

Complete Section 7 of the Application.

Section 9.

Certification and Signature

The Provider’s owner, president, chairman, trustee, or other authorized official is
required to declare, by signing the application, that such individual is authorized to complete the
application on behalf of the Provider; that such individual has read and knows the contents of the
application and all enclosures and attachments submitted; and to affirm under penalty of perjury
that all of the representations and statements contained therein are true and correct to the best of
such individual’s knowledge, information, and belief.

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