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TITLE 11.
BANKRUPTCY · UNITED STATES CODE
Chapter 5.
Creditors, the Debtor and the Estate
Subchapter II. Debtor's Duties and Benefits
11
USC § 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.
[Rev. 5-12-05]
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