Can an attorney assist the client in completing the Pre-Filing Counseling or the Post-Filing Debtor Education?
No direct guidance on this issue has been provided by the Executive Office of the United States Trustees or the Bankruptcy Administrators. It is the opinion of the Institute that EOUST and BAs will not object to an attorney’s office helping clients with a counseling session or debtor education course in specific circumstances, so long as the client directs all activities and is not “spoon fed” or otherwise guided through the program by the attorney or office staff. Examples of specific circumstances that UST or BA might decide warrants facilitation include clients with a language barrier or clients who are illiterate. Clients who are incapable of using a computer (such as the elderly) may also warrant this level of assistance. Attorneys may also seek guidance in local rules and ethical practices regarding the facilitation of clients’ legal signature in situations where the client is illiterate or incapacitated. Attorneys are also reminded that clients who cannot complete counseling or
Related Questions
- Can a Durable Power of Attorney, Power of Attorney or Attorney In Fact complete the Pre-Filing Counseling or Post-Filing Debtor Education on behalf of an incapacitated client?
- How soon after completing the Post-Filing Debtor Education course will attorneys receive a client’s certificate of completion?
- Can an attorney assist the client in completing the Pre-Filing Counseling or the Post-Filing Debtor Education?
