Memo 2022

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

February 14, 2022
MEMORANDUM
TO:

Melody Braswell
Department Clearance Officer for Paperwork Reduction Act

FROM:

Robert S. Gebhard
Assistant Director, Office of Oversight

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: 2022.02.14 15:57:26
-05'00'

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 December 31, 2022.
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 total annual burden associated with the attached Application and instructions has
decreased from 17,288 hours to 10,620 hours. The decrease is due to a decline in the estimated
number of applicants seeking approval each year and to a decrease in the estimated number of
debtors who complete a satisfaction survey.
However, the Program made two changes to the application and related instructions that
will increase a provider’s annual hour burden. First, the Program added the requirement for
returning applicants to complete an application in full every five years. Currently, applicants
may select a “no change” response to a question. By requiring periodic restatements of
information previously provided, applicants will be more likely to closely review that
information to ensure that it is up to date and correct, thus enhancing the Program’s ability to
review and approve the applications. In addition, permitting applicants to use the “no change”
option indefinitely in their responses creates an unreasonable burden on the Program to retain
unnecessary applications as opposed to disposing of them in accordance with a document
retention policy. The Program estimates that this modification will increase a returning
applicant’s hourly burden by approximately one hour every five years.
Second, the instructions now include a broad definition of the term website where before
there was none, to ensure that applicants fully disclose their entire presence on the internet. This
in turn will enable the Program to better monitor applicants who may have previously
undisclosed websites offering personal financial management instructional courses. The
Program estimates that this modification will increase an applicant’s annual hourly burden by
only a few minutes.
Other changes that do not impact the total annual hour burden include the removal of two
questions from the Application, a clarification that Applications may be submitted by secure
methods other than those set forth in the instructions, and additional minor or clarifying changes.
The following documents are contained in the attached ICR package:
1.
2.
3.
4.
5.

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

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