Disclosures
CLIENT DISCLOSURES.
1. GENERAL.
The Executive Office of the United States Trustees (�UST�) and the Bankruptcy
Administrators (�BA�) require the Institute for Financial Literacy
(�Administrator�) to disclose certain information to our clients (�You� or
�User�) about how we operate and how we are funded. If you have any questions
about any of these disclosures, please contact us at 1-866-662-4932 (toll free).
1.1 FUNDING SOURCES.
Administrator is a Non-Profit, 501(c)(3) tax-exempt organization. Administrator
is funded through (1) program service fees, such as those you are paying for
counseling and/or education; (2) private donations from individuals; (3)
donations from corporations; and (4) grants by public and private institutions.
1.2 COUNSELOR QUALIFICATIONS.
Counselors employed by the Administrator are trained by Administrator in the
materials presented and in the National Standards for Adult Financial Literacy.
Initial training lasts approximately six (6) months and includes, but is not
limited to, successfully completing all educational and counseling programs
provided by Administrator to Users. Additional training is conducted on a
monthly basis to ensure You receive the highest quality of service. Counselors
employed by Administrator may be �certified� by one or more independent bodies
offering such certifications, however certification by such an independent body
is not a requirement of employment by Administrator. If You have a question
about the certification of a particular Counselor you are working with, please
ask that counselor for that information, or ask to speak with a supervisor.
1.3 POSSIBLE IMPACT ON CREDIT REPORTS.
Administrator does not provide any services which can directly impact Your
credit report, either positively or negatively. Administrator will provide You
with information about Your options for dealing with Your creditors. Any of
these options, if exercised by You, may have a significant impact on your credit
report, either positive or negative. Administrator has made a good faith attempt
to provide you with unbiased, neutral information explaining the likely impact
that exercising particular options would have on your credit report, however
Administrator makes no promises, guarantees or warranties, express or implied,
as to the information it provides, or to the effects or impacts of any described
options that may be exercised by You.
1.3.1 WAIVER OF LIABILITY.
You agree to waive any and all liability on the part of Administrator, to the
extent permissible by law, for any and all actions TAKEN BY YOU as a result of
the information provided to you by Administrator, including any consequences
thereof, whether foreseeable or not foreseeable. You are NOT WAIVING liability
on the part of Administrator for actions TAKEN BY ADMINISTRATOR. This waiver
also has NO EFFECT on Your rights as set forth in 11 U.S.C. Sec. 111(g) (the
United States Bankruptcy Code), which requires that �A nonprofit budget and
credit counseling agency [such as Administrator] that willfully or negligently
fails to comply with any requirement under [the Bankruptcy Code] with respect to
a debtor shall be liable for damages in an amount equal to the sum of (A) any
actual damages sustained by the debtor as a result of the violation; and (B) any
court costs or reasonable attorneys� fees (as determined by the court) incurred
in an action to recover those damages.�
1.4 COSTS OF SERVICES. The following price schedule represents the only possible
charges that you will incur from Administrator for counseling and education. If
ANY INDIVIDUAL OR ORGANIZATION, whether or not such individual or organization
is an employee or representative of Administrator, seeks payment for the
Administrator�s services which are not included on the fee schedule below, which
are greater than the amounts set forth on the fee schedule below, or for which
you have already paid, please contact Administrator IMMEDIATELY at 207-879-0389
or 1-866-662-4932 (toll free) and request to speak with the Director of
Operations.
1.4.1 FEE SCHEDULE.
Description of Service Fee
Single User Credit Counseling $50.00
Financial Education Program $50.00
Joint (User and spouse) Credit Counseling $50.00
Post Filing, Pre-Discharge Education $50.00
Additional Textbook (only if requested by client) $15.00
Additional S&H for additional Textbook $ 5.00
1.5 HOW FEES/COSTS ARE TO BE PAID. You are solely responsible for the payment of
these fees, except as otherwise required under 11 U.S.C. Sec. 111(c) (the United
States Bankruptcy Code), which requires that �if a fee is charged for counseling
services [or the instructional course], [Administrator must] charge a reasonable
fee, and provide services without regard to ability to pay the fee.� If You have
placed payment for Administrator�s services in the custody of a Facilitator
prior to requesting Administrator�s services, You authorize us to collect those
funds directly from that Facilitator.
1.6 REFUND/RETURN OF PAYMENT. In the event You are not satisfied with the
program for any reason within 90 days of registration, You may request, in
writing, a full refund of any fees paid. The written request should be mailed
to: Institute for Financial Literacy ATTN: CLIENT REFUNDS PO Box 1842 Portland,
ME 04104-1842
1.7 OTHER DISCLOSURES. Administrator does not take, request nor accept funds or
money belonging to User, or owed to User�s creditors, under any circumstances.
If any employee or representative of Administrator attempts to collect such
funds, contact the Administrator IMMEDIATELY at 207-879-0389 or 1-866-662-4932
(toll free) and request to speak with the Director of Operations.