Pub. L. 109-8, tit. II, subtit. C, sec. 226

DEFINITIONS.

EnactedYear: 2005Length: 323 wordsOfficial source
SEC. 226. DEFINITIONS.(a) Definitions.—Section 101 of title 11, United States Code, is amended—(1) by inserting after paragraph (2) the following:“(3) ‘assisted person’ means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000;”;(2) by inserting after paragraph (4) the following:“(4A) ‘bankruptcy assistance’ means any goods or services sold or otherwise provided to an assisted person with the 119 STAT. 67 express or implied purpose of providing information, advice, counsel, document preparation, or filing, or attendance at a creditors’ 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;”; and(3) by inserting after paragraph (12) the following:“(12A) ‘debt relief agency’ means any person who provides any bankruptcy assistance to an assisted person in return for the payment of money or other valuable consideration, or who is a bankruptcy petition preparer under section 110, but does not include—“(A) any person who is an officer, director, employee, or agent of a person who provides such assistance or of the bankruptcy petition preparer;“(B) a nonprofit organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986;“(C) a creditor of such assisted person, to the extent that the creditor is assisting such assisted person to restructure any debt owed by such assisted person to the creditor; “(D) a depository institution (as defined in section 3 of the Federal Deposit Insurance Act) or any Federal credit union or State credit union (as those terms are defined in section 101 of the Federal Credit Union Act), or any affiliate or subsidiary of such depository institution or credit union; or“(E) an author, publisher, distributor, or seller of works subject to copyright protection under title 17, when acting in such capacity.”.(b) Conforming Amendment.—Section 104(b) of title 11, United States Code, is amended by inserting “101(3),” after “sections” each place it appears.
Pub. L. 109-8, tit. II, subtit. C, sec. 226: DEFINITIONS. | Justis AI