Memo

DE JMD Transmittal Memo.pdf

Application for Debt Education Course Provider

Memo

OMB: 1105-0085

Document [pdf]
Download: pdf | pdf
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) 305-0222
Fax - (202) 606-4576

August 1, 2019
MEMORANDUM
TO:

Melody Braswell
Department Clearance Officer for Paperwork Reduction Act

FROM:

Robert S. Gebhard
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”

ROBERT
GEBHARD

Digitally signed by ROBERT
GEBHARD
Date: 2019.08.01 12:25:54 -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, and is set to expire on November 30, 2019.
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). Procedures and criteria to be used by the Program when determining
whether applicants seeking to become and remain approved agencies satisfy all the statutory
prerequisites are set forth in final rule. 28 C.F.R. §§ 58.25 - 58.36 (Rule). Approved providers
are identified 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.
The attached Application and the corresponding instructions have been revised to ensure
that the documents conform to the text of the Rule as written, and to make additional minor
changes. The revisions will have no impact on the time required to complete the Application.
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 A 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 Juliet Drake at (202) 307-3698.
Attachments

2


File Typeapplication/pdf
AuthorUnited States Department of Justice
File Modified2019-08-01
File Created2019-08-01

© 2024 OMB.report | Privacy Policy