11 U.S.C. § 528 : US Code - Section 528: Requirements for debt relief agencies
Search 11 U.S.C. § 528 : US Code - Section 528: Requirements for debt relief agencies
(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.
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