Consumer Bankruptcy Journal Fall 2015 - Page 50

7 Things your Credit Counseling and Debtor Education Agency Wants you To Know By CC Advising, Inc. (www.ccadvising.com) and BE Adviser, LLC (www.beadviser.com)* T he following is not presented as legal advice, it does not necessarily represent the official position of the UST, and please contact the UST (or Bankruptcy Administrator in NC or AL) directly with any questions regarding compliance. (Credit Counseling: ust.cc.help@usdoj. gov or 202-514-4100, Debtor Education: ust.de.help@usdoj.gov or 202-514-4100). 1. Attorneys (or other individuals) are not permitted to register accounts on behalf of their clients, unless they have valid Power of Attorney. Yes, clients routinely provide incorrect information during registration (including incorrect case numbers, districts, and so forth), and yes the temptation to reduce those errors by having your staff create the registrations is tempting. Alternatively, you may be thinking about using the courses built into your bankruptcy software that automatically register clients for you. This is a no-no. Permitting attorney registration runs afoul of 28 CFR 58.20(h)(2). It is important that the client does the registration so they can agree to the mandatory 50 CONSUMER BANKRUPTCY JOURNAL disclosures and/or the terms and conditions of the course, as well as to ensure the person going through the entire process is the individual debtor and not an Attorney. Protect yourself and your practice by requiring that clients register for the course themselves. 2. Attorneys (or other individuals) may not take the courses for debtors. Each debtor needs to take their own course. One spouse cannot take the course on behalf of both spouses. While this may seem obvious, issues such as trying to stop a foreclosure or a case th