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Study: A funding gap in bankruptcy counseling
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"The grants were offered to all credit counseling agencies that were approved by the EOUST," says Bartlett. "There is no stipulation to how these grants are used, as long as they are used for legal purposes, but the intention of the grants was to increase capacity and to help the agencies start up pre-bankruptcy counseling."

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Out of the three ways to receive the counseling -- phone, Internet and in person-- six out of 10 bankrupt consumers preferred to discuss their money matters on the phone, while 26 percent logged onto the Internet and about one out of 10 met with their counselor one-on-one.

In any case, the option to meet with the counselor in person is becoming a casualty as a result of funding losses.

"It costs less to deliver bankruptcy counseling and education sessions through a remote channel such as the Internet than through the face-to-face channel," says Keating. "I believe that we are seeing a growth in the Internet and phone channels for bankruptcy counseling, as compared to our channel mix for our regular financial counseling, as a way to manage costs. We do not know the number of agencies eliminating the face-to-face option but believe the delivery channel mix over the first five months is revealing."

The NFCC says options for making up the deficit are limited, especially since they must provide the service regardless of the debtor's ability to pay.

Consumer advocate Travis Plunkett, legislative director for the Consumer Federation of America, believes creditors who supported the bill need to be more hands-on.

"If this report is true, that they can't really afford to stay in this business, then we will see agencies start to pull out," he says.

He indicates that this could lead to many problems, such as severe gaps in counseling options in those areas of the country where there isn't a large enough capacity of those needing counseling to meet the law's requirements.

"If you go to EOUST, there are some national phone services, but they don't have the capacity to serve all the bankruptcy filers once the numbers start to increase again. What if some of the agencies to pull out are national agencies? What if Money Management or Consumer Credit Counseling Service of Atlanta pulls out? Then all of sudden we are going to have a serious problem. The credit card industry behind this requirement will be largely responsible. If they believe in this requirement, they need to pony up."

However, while Plunkett believes consumers must have all three options available so the counseling is effective and first-class, Barlett says each individual credit counseling agency will have to weigh its options against what is best for the consumers, what will provide a quality service and what is best for the bottom line.

Bankruptcy filings soared to more than 2 million in the weeks before the new law went into effect on Oct. 17, 2005. The NFCC reviewed data from the past five months in its report. For the study, heads of member agencies providing the bankruptcy counseling completed a questionnaire online between March 28, 2006, and April 3, 2006.

The study revealed an estimated 188,000 American consumers participated in the mandatory credit counseling requirement at NFCC's agencies, making up one-third of its financial workload.

The study also noted that more than 132,000 new consumer bankruptcy petitions were filed during the same period the data were gathered.

Debtors receiving bankruptcy counseling averaged unsecured debts of $40,673 and had an average income of just $31,255.

Bankrate.com's corrections policy -- Posted: May 23, 2006
 
 
More stories by Brigitte Yuille
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Bankruptcy counseling: mixed reviews
A bankruptcy credit counseling session
Pre-filing credit counseling at a glance
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