2. Notices, Advisements and Statements Required under the Bankruptcy Code


Notice Provided under Section 527 of the Bankruptcy Code

The Bankruptcy Code requires that certain notices, advisements and statements be provided to an “assisted person” interested in “bankruptcy assistance.” The code defines an “assisted person” as “any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.” The code defines “bankruptcy assistance” as “any goods or services sold or otherwise provided to an assisted person with the express or implied purpose of providing information, advice, counsel, document preparation, or filing, or attendance at a creditorsʼ meeting or appearing in a case or proceeding on behalf of another or providing legal representation with respect to a case or proceeding under this title.” Under section 527 of the Bankruptcy Code, a “debt relief agency,” which may include an attorney, providing bankruptcy assistance to an assisted person must provide the following:

(1)  Form B 201, Notice To Consumer Debtor(s) under §342(b) of the Bankruptcy Code, which: (a) describes briefly the services available from credit counseling services; (b) describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may commence; and (c) informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you supply in connection with a bankruptcy case.

(2)  A clear and conspicuous written notice advising assisted persons that—

(a)  all information that the assisted person is required to provide with a petition and thereafter during a case under this title is required to be complete, accurate, and truthful;

(b)  all assets and all liabilities are required to be completely and accurately disclosed in the documents filed to commence the case, and the replacement value of each asset as defined in section 506 must be stated in those documents where requested after reasonable inquiry to establish such value;

(c)  current monthly income, the amounts specified in section 707(b)(2), and, in a case under chapter 13 of this title, disposable income (determined in accordance with section 707(b)(2)), are required to be stated after reasonable inquiry; and

(d)  information that an assisted person provides during their case may be audited pursuant to this title, and that failure to provide such information may result in dismissal of the case under this title or other sanction, including a criminal sanction.

(3)  A statement titled “Important Information about Bankruptcy Assistance Services from an Attorney or Bankruptcy Petition Preparer” as a single document separate from other documents or notices provided to the assisted person.