Are you a "debt relief agency?"

The below discussion is from ¶4.5(a) of King's Guide to Practice Under the Bankruptcy Reform Act of 2005 If a client falls within the definition of "assisted person" under the amended Code, and you "provide any bankruptcy assistance to an assisted person in return for payment of money or other valuable consideration,” then you are a “debt relief agency” per §12(A) and a number of new requirements must be satisfied pursuant to §§526, 527 and 528, including advertising constraints, disclosures, instructions, advice, and a written fee agreement. §101(3) defines assisted person as one with primarily consumer debts whose value (in non-exempt assets) is less than $150,000. Thus a debtor with 51% non-consumer debts such as tax liabilities, business debts, and tort claims, is probably not an "assisted person."