Assisted person

Assisted person

An assisted person has several meanings in law, referring generally to indigent people.

Under Great Britain statutory law, one who is eligible for Legal aid. [ [http://www.hrothgar.co.uk/YAWS/rules/part43.htm English legal web site] ] [ [http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880034_en_5.htm Legal Aid Act] ] It also refers to such a person under Scottish law. [ [http://www.jonathanmitchell.info/legalaid/chapter10.htm private law firm site] , citing Legal Aid (Scotland) Act 1986.]

Under U.S. Bankruptcy law, it is also a person who applies to a debt relief agency. [UnitedStatesCode|11|526 (a) [http://doney.net/bkcode/11usc0526.htm Bankruptcy law site] ] A debt relief agency is "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 UnitedStatesCode|11|110. "The term 'assisted person' means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000." UnitedStatesCode|11|101(3). [ [http://bovitz-spitzer.com/debtreliefagency/debtreliefagencyoverview.htm Bovitz & Spitzer - a “debt relief agency” web site] .] Debt relief agencies are subject to certain rules regarding information they must provide to an "assisted person". [Bovitz & Spitzer site, citing 11 U.S.C. § 526(a)(1); 11 U.S.C. § 526(a)(2); 11 U.S.C. § 526(a)(3)(A); 11 U.S.C. § 526(a)(3)(B); and 11 U.S.C. § 526(a)(4).] ["The Bankruptcy Code requires a debt relief agency to provide the information set forth in UnitedStatesCode|11|527," Id. ] [See also [http://thomas.loc.gov/cgi-bin/cpquery/?&db_id=cp105&r_n=hr540.105&sel=TOC_314755& Library of Congress web site, quoting section UnitedStatesCode|11|111.] ]

External links

The American Bar Association has an article on this topic: [http://www.abanet.org/genpractice/newsletter/lawtrends/0604/business/whoisdebtreliefagency.html ABA web site]

References


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