Transmittal Memo

JMD Transmittal Memo.pdf

Application for Debt Education Course Provider

Transmittal Memo

OMB: 1105-0085

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U.S. Department of Justice
Executive Office for United States Trustees
Office of Oversight
____________________________________________________________________________________
441 G Street, NW, Suite 6150
Washington, D.C. 20530

Voice - (202) 305-0556
Fax - (202) 606-4576

May 27, 2016
MEMORANDUM
TO:

Lynn Murray
DOJ Clearance Officer

FROM:

Doreen Solomon
Assistant Director

SUBJECT:

Request for Renewal Approval by the Office of Management and Budget of the
“Application for Approval as a Provider of a Personal Financial Management
Instructional Course”

DOREEN
SOLOMON

Digitally signed by DOREEN SOLOMON
DN: c=US, o=U.S. Government,
ou=Dept of Justice, ou=EOUST,
cn=DOREEN SOLOMON,
0.9.2342.19200300.100.1.1=150010005
09513
Date: 2016.05.27 12:31:57 -04'00'

This memorandum and the attached materials are submitted under the Paperwork
Reduction Act, 44 U.S.C.§ 3501, et seq., to authorize the United States Trustee Program
(Program) to extend and revise the information collection request (ICR) entitled, “Application for
Approval as a Provider of a Personal Financial Management Instructional Course” (Application).
This ICR was previously approved by the Office of Management and Budget for three years
under 1105-0085.
By way of background, the Bankruptcy Abuse Prevention and Consumer Protection Act
of 2005 (BAPCPA) enacted amendments to the Bankruptcy Code that took effect on October 17,
2005. The BAPCPA requires individual debtors to complete an approved instructional course
concerning personal financial management after filing for bankruptcy before they may receive a
discharge of their debts. 11 U.S.C. § 727(a)(11). The Program has responsibility for approving
the providers of the personal financial management instructional courses that debtors must
complete. 11 U.S.C. § 111(a)-(e). Before such a provider is approved, a United States Trustee is
required to review the provider’s qualifications under the standards set forth in the statute, and
the United States Trustee may require the provider to submit information needed for this review.
11 U.S.C. § 111(d). Approved providers are named on a publicly available list in each federal
judicial district where they are approved to educate debtors. 11 U.S.C. § 111(a). Providers are
approved for a probationary period not to exceed six months. The Program may approve a
provider for an additional one year period, or for successive one year periods thereafter if the
provider demonstrates it meets the standard set forth under 11 U.S.C. § 111 and can satisfy such
standards in the future.
The ICR as provided in the revised Application is necessary to carry out the Program’s
statutory mandate in determining whether a provider is in compliance with statutory standards
and should be approved for a six-month period or an additional one year period pursuant to 11

U.S.C. § 111. The collected information will enable the Program to assess each applicant’s
eligibility for approval under statutory standards that include providing trained personnel with
adequate experience and training in providing effective instruction and services; using learning
materials and teaching methodologies designed to assist debtors in understanding personal
financial management; and maintaining adequate records.
Several changes have been made to the forms, none of which substantially affect the time
to complete the Application. First, the No Change or “NC” boxes have been removed from
Section 5 (Fees and Fee Waivers) and Section 7 (Appendices). The information contained in
these sections needs to be the most current and accurate as possible, and removing the boxes will
ensure that applicants affirmatively review the information every year. Second, a few questions
have been added to Section 2 (Provider Names and Personnel) and Section 5 (Fees and Fee
Waivers) in order to obtain better information about the employment relationships and/or
compensation arrangements between Providers, their directors and officers, and any attorneys
who make referrals to them. Third, there were a few revisions to existing questions to make
them more clear or to be consistent with the language in the rule
The following documents are contained in the attached ICR package:
1.
2.
3.
4.
5.
6.

OMB Form 83-I, Paperwork Reduction Act Submission.
Supporting Statement for the Paperwork Reduction Act Submission.
Application, instructions and appendices used to collect the information.
Law or authority mandating the information collection.
60-day ICR Notice for publication in the Federal Register.
30-day ICR Notice for publication in the Federal Register.

Your favorable consideration of this request will be greatly appreciated. If there are any
questions concerning the ICR, please contact Carrie Weinfeld at (202) 305-0550.

Attachments

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File Typeapplication/pdf
AuthorUnited States Department of Justice
File Modified2016-05-27
File Created2016-05-27

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