Los Angeles Bankruptcy Attorney

TITLE 11 - BANKRUPTCY
CHAPTER 5 - CREDITORS, THE DEBTOR, AND THE ESTATE
    SUBCHAPTER II - DEBTOR'S DUTIES AND BENEFITS

-HEAD-
    Sec. 528. Requirements for debt relief agencies

-STATUTE-
      (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-
    (Added Pub. L. 109-8, title II, Sec. 229(a), Apr. 20, 2005, 119
    Stat. 71.)


                              EFFECTIVE DATE                          
      Section effective 180 days after Apr. 20, 2005, and not
    applicable with respect to cases commenced under this title before
    such effective date, except as otherwise provided, see section 1501
    of Pub. L. 109-8, set out as an Effective Date of 2005 Amendment
    note under section 101 of this title.

-End-