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11 U.S.C. § 528Requirements for debt relief agencies

submitted 21 years ago by Pub. L. 109-8 to r/title-11-BANKRUPTCY · 364 words · no verdicts yet

in plain englishAI-generated · not legal advice

A debt-relief agency must promptly use a written contract, give the client a copy, and make specified disclosures in public advertisements about bankruptcy assistance.

(a) A debt-relief agency must, no later than five business days after first providing bankruptcy-assistance services to an assisted person and before that person’s bankruptcy petition is filed, sign a written contract with the person. The contract must clearly and prominently explain (A) the services the agency will provide and (B) the fees or charges and payment terms. The agency must give the person a copy of the completed and fully signed contract. In any public advertisement for bankruptcy-assistance services or bankruptcy benefits—including general media, seminars, mailings, telephone messages, electronic messages, or other methods—the agency must clearly and prominently say that the services or benefits concern bankruptcy relief under this title. It must also clearly and prominently use this statement, or a substantially similar one: “We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.” (b)(1) A public advertisement includes descriptions of bankruptcy assistance connected with a chapter 13 plan, even if it does not specifically mention chapter 13. It also includes statements such as “federally supervised repayment plan” or “Federal debt restructuring help,” or similar statements that could reasonably make a consumer think debt counseling is offered when the service actually provides bankruptcy assistance with a chapter 13 plan or another form of bankruptcy relief under this title. (b)(2) A public advertisement saying that the agency helps with credit defaults, mortgage foreclosures, evictions, excessive debt, debt-collection pressure, or inability to pay a consumer debt must clearly and prominently disclose that the help may involve bankruptcy relief under this title. It must also include the quoted debt-relief-agency statement above, or a substantially similar statement.
the actual law source: uscode.house.gov ↗public domain
(a)

A debt relief agency shall—

(1)

not later than 5 business days after the first date on which such agency provides any bankruptcy assistance services to an assisted person, but prior to such assisted person’s petition under this title being filed, execute a written contract with such assisted person that explains clearly and conspicuously—

(A)

the services such agency will provide to such assisted person; and

(B)

the fees or charges for such services, and the terms of payment;

(2)

provide the assisted person with a copy of the fully executed and completed contract;

(3)

clearly and conspicuously disclose in any advertisement of bankruptcy assistance services or of the benefits of bankruptcy directed to the general public (whether in general media, seminars or specific mailings, telephonic or electronic messages, or otherwise) that the services or benefits are with respect to bankruptcy relief under this title; and

(4)

clearly and conspicuously use the following statement in such advertisement: “We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.” or a substantially similar statement.

(b)
(1)

An advertisement of bankruptcy assistance services or of the benefits of bankruptcy directed to the general public includes—

(A)

descriptions of bankruptcy assistance in connection with a chapter 13 plan whether or not chapter 13 is specifically mentioned in such advertisement; and

(B)

statements such as “federally supervised repayment plan” or “Federal debt restructuring help” or other similar statements that could lead a reasonable consumer to believe that debt counseling was being offered when in fact the services were directed to providing bankruptcy assistance with a chapter 13 plan or other form of bankruptcy relief under this title.

(2)

An advertisement, directed to the general public, indicating that the debt relief agency provides assistance with respect to credit defaults, mortgage foreclosures, eviction proceedings, excessive debt, debt collection pressure, or inability to pay any consumer debt shall—

(A)

disclose clearly and conspicuously in such advertisement that the assistance may involve bankruptcy relief under this title; and

(B)

include the following statement: “We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.” or a substantially similar statement.

Source credit: (Added Pub. L. 109–8, title II, § 229(a), Apr. 20, 2005, 119 Stat. 71.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 109-8 · 119 Stat. 71

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-8 on 2005-04-20.

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