Comment on FR Doc # E8-26550

GreenPath, Inc., would like to express concern over several aspects of the proposed bankruptcy education rule. LANGUAGE SERVICES Section 58.33, paragraph (i), states that “a provider shall communicate, orally and in writing, with debtors of the major population groups served by the provider.” Our concern is the written aspect of this requirement and what would constitute “major population groups served.” The availability of Spanish materials is certainly a reasonable requirement. Interpreting and printing materials for infrequently served languages may not be as reasonable. WAIVER OF FEES In Section 58.34, paragraph (b), GreenPath strongly objects to the proposed requirement that the fee be waived if the client’s household income is less than 150 percent of the official poverty line. GreenPath recommends that the fee be waived if the client’s household income is equal to or less than the official poverty line. We analyzed the proposed fee waiver rule against the clients who received pre- discharge education from GreenPath in 2008. The 150 percent requirement would require agencies to provide free services to more than 34 percent of debtors. Providing fee waivers to clients at 125 percent of the official poverty line would require agencies to provide free services to about 25 percent of debtors. The only economically feasible option is to waive fees if the client’s household income is less than the official poverty line. This requirement would result in free services to more than 15 percent of debtors, still a significant percentage. We ask you to please use the official poverty line as the threshold for which client fees are waived. CERTIFICATE DELIVERY TO ATTORNEYS Section 58.35, paragraph (a), prohibits agencies from delivering a certificate to the client’s attorney unless the “debtor specifically requests that in writing.” We suggest that this requirement be modified to remove the words “in writing.” Obtaining written permission is extremely difficult when debtors are completing an education course via the Internet or via self-study with telephone instruction. It is possible for a client to give an agency their permission by over the phone or through the Internet. Please consider allowing certificate delivery to an attorney if: - The debtor grants verbal permission over the phone, the call is recorded, and permission is noted within the computer system, or - The debtor grants permission online by selecting an appropriately worded statement, and permission is noted within the computer system. ORIGINAL SIGNATURE ON CERTIFICATE Section 58.35, paragraph (l)(2), requires agencies to provide debtors with a certificate containing the instructor’s original signature. Logistically, this will be extremely difficult to accomplish. Instructors generate the certificates, but do not physically print or mail them. They are either delivered electronically to the client or printed and mailed from a central mail room. Please consider eliminating the requirement that certificates contain an original counselor signature. Otherwise, the process of generating certificates will be much more costly, time consuming and inefficient. Thank you for giving GreenPath the opportunity to comment on the proposed rules. Please consider our comments to ensure that the regulatory environment makes it economically feasible for agencies to provide bankruptcy counseling and education services.