Skip to main content

Search

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.26 Procedures all providers shall follow when applying to become approved providers.

(a) A provider applying to become an approved provider shall obtain an application, including appendices, from the United States Trustee.

(b) The provider shall complete the application, including its appendices, and attach the required supporting documents requested in the application.

(c) The provider shall submit the original of the completed application, including completed appendices and the required supporting documents, to the United States Trustee at the address specified on the application form.

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.28 Procedures all approved providers shall follow when applying for approval to act as an approved provider for an additional one year period.

(a) To be considered for approval to act as an approved provider for an additional one year term, an approved provider shall reapply by complying with all the requirements specified for providers under 11 U.S.C. 111, and under this part.

(b) Such a provider shall apply no later than 45 days prior to the expiration of its six month probationary period or annual period to be considered for approval for an additional one year period, unless a written extension is granted by the United States Trustee.

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.30 Mandatory duty of approved providers to notify United States Trustees of material changes.

(a) An approved provider shall immediately notify the United States Trustee in writing of any material change.

(b) An approved provider shall immediately notify the United States Trustee in writing of any failure by the approved provider to comply with any standard or requirement specified in 11 U.S.C. 111, this part, or the terms under which the United States Trustee approved it to act as an approved provider.

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.31 Mandatory duty of approved providers to obtain prior consent of the United States Trustee before taking certain actions.

(a) By accepting the designation to act as an approved provider, a provider agrees to obtain approval from the United States Trustee, prior to making any of the following changes:

(1) The engagement of an independent contractor to provide an instructional course;

(2) Any increase in the fees received from debtors for an instructional course or a change in the provider’s fee policy;

(3) Expansion into additional federal judicial districts;

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.32 Continuing requirements for becoming and remaining approved providers.

(a) To become an approved provider, a provider must affirmatively establish, to the satisfaction of the United States Trustee, that the provider at the time of approval:

(1) Satisfies every requirement of this part; and

(2) Provides effective instruction to its debtors.

(b) To remain an approved provider, an approved provider shall affirmatively establish, to the satisfaction of the United States Trustee, that the approved provider:

Consumer Bankruptcy Law and Practice: §§ 58.33(a) through 58.33(f)

To meet the minimum qualifications set forth in § 58.32, and in addition to the other requirements set forth in this part, providers and approved providers shall comply with paragraphs (a) through (n) of this section on a continuing basis:

(a) Compliance with all laws. A provider shall comply with all applicable laws and regulations of the United States and each state in which the provider provides an instructional course including, without limitation, all laws governing licensing and registration.

Consumer Bankruptcy Law and Practice: §§ 58.33(g) through 58.33(n)

(g) Course procedures.

(1) Generally, a provider shall:

(i) Ensure the instructional course contains sufficient learning materials and teaching methodologies so that the debtor receives a minimum of two hours of instruction, regardless of the method of delivery of the course;

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.35 Minimum requirements to become and remain approved providers relating to certificates.

(a) An approved provider shall send a certificate only to the debtor who took and completed the instructional course, except that an approved provider shall instead send a certificate to the attorney of a debtor who took and completed an instructional course if the debtor specifically directs the provider to do so. In lieu of sending a certificate to the debtor or the debtor’s attorney, an approved provider may notify the appropriate bankruptcy court in accordance with the Federal Rules of Bankruptcy Procedure that a debtor has completed the instructional course.

Consumer Bankruptcy Law and Practice: 28 C.F.R. § 58.36 Procedures for obtaining final provider action on United States Trustees’ decisions to deny providers’ applications and to remove approved providers from the approved list.

(a) The United States Trustee shall remove an approved provider from the approved list whenever an approved provider requests its removal in writing.

(b) The United States Trustee may issue a decision to remove an approved provider from the approved list, and thereby terminate the approved provider’s authorization to provide an instructional course, at any time.

Consumer Bankruptcy Law and Practice: C.4 Electronic Public Access Fee Schedule

The following fee schedule for use of the PACER system was issued by the Judicial Conference of the United States in accordance with 28 U.S.C. §§ 1913, 1914, 1926, 1930, and 1932. It is effective as of January 1, 2020.

Electronic Public Access Fee Schedule

The fees included in the Electronic Public Access Fee Schedule are to be charged for providing electronic public access to court records.

Published on: December 31, 2019

Effective on: January 1, 2020

Federal Deception Law: Introduction and Listing of Provisions

This appendix includes statutory material relevant to the rulewriting authority of the Consumer Financial Protection Bureau (CFPB) regarding consumer financial services. See also Ch. 3, supra. To date, the CFPB has not issued any UDAAP rules, and this appendix will include such rules when enacted.

Fair Debt Collection: 1.1.1.7 Regulation F Treatment of Electronic Communications

The FDCPA does not specifically address electronic communication, and issues arise as to how FDCPA provisions apply to electronic communications between debt collectors and consumers. Regulation F clarifies that, in the definition of “communication,” “any medium” includes email, text message, social media, or other electronic media.2

Bankruptcy Basics: Why Every Attorney Should Be Prepared to File a Consumer Bankruptcy

Many attorneys find the bankruptcy process and even bankruptcy terminology intimidating, not to mention the need to become familiar with a new court and new filing requirements. A common response is “I don’t do bankruptcies.” Oftentimes, consumer law attorneys and consumer bankruptcy attorneys will see the same problem through their own respective lenses, leading to complicated solutions to straightforward problems. When all you have is a hammer, everything starts to look like a nail.

Bankruptcy Basics: The Bankruptcy Code, Rules, and Forms

The Bankruptcy Code, title 11 of the United States Code, is the most important source of law in bankruptcy cases. The Code is broken down into chapters that, with the exception of chapter 12, are assigned only odd numbers. Chapters 1, 3, and 5 contain provisions that are generally applicable to all types of bankruptcies, such as chapter 1’s definitions and rules of construction.

Bankruptcy Basics: Fifteen Years of BAPCPA

In 2005, the credit card industry and other creditors pushed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Public Law No. 109-8, 119 Stat. 23, through Congress. It extensively amended the Bankruptcy Code, 11 U.S.C. §§ 101–1532. This Act will be referred to in this guide as BAPCPA.

Despite calling itself a “consumer protection act,” BAPCPA sought to do two things: (1) make it harder for the average consumer debtor to discharge debts, and (2) make it more difficult, and more expensive, for debtors to file bankruptcy in the first place.