U.S. Code » Title 11 » Chapter CHAPTER 5— CREDITORS, THE DEBTOR, AND THE ESTATE › Subchapter SUBCHAPTER II— DEBTOR’S DUTIES AND BENEFITS

11 U.S.C. § 528

Requirements for debt relief agencies

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(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.(Added Pub. L. 109–8, title II, § 229(a), Apr. 20, 2005, 119 Stat. 71.)Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 504 cases (27 in the last 5 years), 1940–2026 · leading case: Milavetz, Gallop & Milavetz, P.A. v. United States, 541 F.3d 785 (8th Cir. 2008).
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Milavetz, Gallop & Milavetz, P.A. v. United States, 541 F.3d 785 (8th Cir. 2008). · cites it 14× “§ 526 ("Restrictions on debt relief agencies"); 11 U.S.C. § 528 ("Requirements for debt relief agencies").”
Connecticut Bar Ass'n v. United States, 620 F.3d 81 (2d Cir. 2010). · cites it 4× “The contracting requirements of 11 U.S.C. § 528 (l)-(2) also regulate commercial speech and are reasonably related to the aforementioned legitimate state interest and do not violate the First Amendment.”
Field v. Mans, 516 U.S. 59 (1995). “I concur in the Court’s opinion and write separately to highlight a causation issue still open for determination on remand: Was the debt in question, as the statute expressly requires, “obtained by” the alleged fraud? See 11 U. S. C. § 528 (a)(2)(A); ante, at 63, n.”
Ocean Equity Grp., Inc. v. Wooten (In Re Wooten), 423 B.R. 108 (Bankr. E.D. Va. 2010). · cites it 2× “14 Therefore, the Court *128 finds that there is no actionable misrepresentation by Wooten in the Application, and the count under 11 U.S.C. § 528 (a)(2)(B) fails. 15 C. 11 U.”
R.J. Reynolds Tobacco Co. v. Food & Drug Admin., 696 F.3d 1205 (D.C. Cir. 2012). · cites it 2× “” 11 U.S.C. § 528 (a)(3). BAPCPA also required qualifying professionals to state that “[w]e are a debt relief agency.”
Andresen v. Nebraska Student Loan Prog., Inc. (In Re Andresen), 232 B.R. 127 (8th Cir. BAP 1999). · cites it 2× “The courts practicing revision of student loans, granting partial discharges, and fashioning other case-specific equitable relief have found authority to do so implicit in § 523(a)(8) due to its policy objectives, and alternatively in the discretionary equitable powers reserved…”
Cody Farms, Inc. v. Deerman (In re Deerman), 482 B.R. 344 (Bankr. D.N.M. 2012). · cites it 2× “Whether Partial Summary Judgment Should Be Granted i) 11 U.S.C. § 528 (a)(2)(A) — non-dis- chargeability based on fraud Debts for money obtained by false pretenses, a false representation, or actual fraud are non-dischargeable under 11 U.”
Hersh v. United States Ex Rel. Mukasey, 553 F.3d 743 (5th Cir. 2008). · cites it 2× “” We note that the Court in Milavetz unanimously upheld 11 U.S.C. §§ 528 (a)(4) and 528(b)(2), rejecting challenges thereto which are essentially parallel to those raised by Hersh as to section 527(b).”
Sonny Penix v. Parra (In re Parra), 483 B.R. 752 (Bankr. D.N.M. 2012). · cites it 3× “DISCUSSION The Complaint to Determine Discharge-ability of Debt (“Complaint”) references 11 U.S.C. § 528 (a)(2) and (4), but does not specifically reference 11 U.”
Dignity Health v. Seare (In re Seare), 493 B.R. 158 (Bankr. D. Nev. 2013). · cites it 2× “11 U.S.C. § 528 (a)(1). He failed, however, to provide a “fully executed and completed contract” because he did not sign the Retainer Agreement.”
Est. of Cora v. Jahrling (In Re Jahrling), 816 F.3d 921 (7th Cir. 2016). “Cora’s estate filed an adversary proceeding alleging that the state court judgment was not dis-chargeable in bankruptcy on several grounds, including under 11 U.S.C. § 528 (a)(4) because the debt was the result of defalcation by the debtor acting as a fiduciary.”
United States Tr. v. Burton (In re Rosario), 493 B.R. 292 (Bankr. D. Mass. 2013). · cites it 3× “11 U.S.C. § 528 (a). Here, in several cases, the Defendants failed to produce any fee agreement.”
Show all 504 citing cases →
11 U.S.C. § 528(a)(1): 2 cases
Harrington v. Synergy Law, LLC (Bankr. D. Vt. 2019).
Matthew C Abel (Bankr. D. Vt. 2019).
11 U.S.C. § 528(a)(2): 1 case
Lytle v. Weber (In Re Weber), 450 B.R. 595 (Bankr. M.D. La. 2011).
11 U.S.C. § 528(a)(2)(A): 1 case
Data Mountain Solutions, Inc. v. Giordano (In re Giordano), 472 B.R. 313 (Bankr. E.D. Va. 2012).
11 U.S.C. § 528(a)(5): 4 cases
McCracken v. LaRue (In Re LaRue), 204 B.R. 531 (Bankr. E.D. Tenn. 1997).
Gatliff v. Gatliff (In Re Gatliff), 266 B.R. 381 (Bankr. N.D. Ill. 2000).
Jacobs v. Jacobs (In Re Jacobs), 401 B.R. 202 (Bankr. D. Md. 2008).
Kipp v. Wells Cnty. Dep't of Fam. & Child., 751 N.E.2d 293 (Ind. Ct. App. 2001).
11 U.S.C. § 528(a)(6): 2 cases
Ocean Equity Grp., Inc. v. Wooten (In Re Wooten), 423 B.R. 108 (Bankr. E.D. Va. 2010). “14 Therefore, the Court *128 finds that there is no actionable misrepresentation by Wooten in the Application, and the count under 11 U.S.C. § 528 (a)(2)(B) fails. 15 C. 11 U.”
Davenport v. Schulcz (In Re Schulcz), 79 B.R. 726 (Bankr. S.D. Ohio 1987).
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