Bankruptcy Law: Introduction, Duties Of Debtor's Attorney

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Subject to few narrow exceptions, individual is ineligible to be debtor under Bankruptcy code unless, within 180 days of filing, received briefing from an approved nonprofit budget and credit counseling agency.

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1) At least outlined opportunities for available credit counseling and assisted in budget analysis.

2) Over phone or internet.

3) Must file with court a certificate of completing from agency. If debt repayment plan created, must file that.

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Debt Relief Agencies

Agency is any person who provides any bankruptcy assistance to an “assisted person” for payment of money or other valuable consideration

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Must comply with certain restrictions and disclosure requirements and may be liable for damages, costs, loss of fees and/or injunctions for failure to comply

* Attorney providing bankruptcy assistance to an assisted person is “debt relief agency”

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Assisted person

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Person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $164, 250

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Consumer Debt

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Debt incurred by individual primarily for a personal, family, or household purpose

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Debtor's Attorney's duty to investigate and inquire

Back 5

By signing a Chapter 7 pleading, attorney certifies that she has performed a reasonable investigation into circumstances giving rise to petition; petition is grounded in fact/law and is not an abuse

Signature certifies that, after an inquiry, the attorney has no knowledge that information in accompanying schedules is incorrect