20060105

Debt Relief Services

As I am sure you have heard, the bankruptcy code changed on October 17, 2005. Under the new code most consumer lawyers will likely be considered a “Debt Relief Agency” within the meaning of 11 United States Code (USC) section 101 (12A). The key provisions of the new law relating to Debt Relief Agencies are in Section 526 and 527. As such, there are certain disclosures that the assisted person or client must receive before beginning the bankruptcy case. Once you contact my office I will send you a copy of these disclosures. Please review them prior to meeting with me. The disclosures are:
1) Notice to Individual Consumer Debtors Under section 342 (B) of the Bankruptcy Code. This notice is from the Massachusetts Bankruptcy Court. It explains the services available from credit counseling agencies and the four chapters and fees under the bankruptcy code;
2) Disclosure regarding information Disclosed for Bankruptcy Assistance. This document tells you what you will need to disclose to file for bankruptcy;
3) Important Information about Bankruptcy Assistance Services. This document describes your rights, including the right not to be represented and a brief overview of the law.
4) Notice to be Provided in Accordance with Section 527 (c) of the Bankruptcy Code. This document details how to value assets, determine income, expenses, complete the list of creditors, and how to determine exemptions.
5) Debt Relief Agency Contract. This is not a retainer agreement, but an understanding of my role if you wish to retain me.