Page:United States Statutes at Large Volume 119.djvu/78

 119 STAT. 60

Notification.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

PUBLIC LAW 109–8—APR. 20, 2005 (i) by striking ‘‘(2) For purposes’’ and inserting ‘‘(2)(A) Subject to subparagraph (B), for purposes’’; and (ii) by adding at the end the following: ‘‘(B) If a bankruptcy petition preparer is not an individual, the identifying number of the bankruptcy petition preparer shall be the Social Security account number of the officer, principal, responsible person, or partner of the bankruptcy petition preparer.’’; and (B) by striking paragraph (3); (4) in subsection (d)— (A) by striking ‘‘(d)(1)’’ and inserting ‘‘(d)’’; and (B) by striking paragraph (2); (5) in subsection (e)— (A) by striking paragraph (2); and (B) by adding at the end the following: ‘‘(2)(A) A bankruptcy petition preparer may not offer a potential bankruptcy debtor any legal advice, including any legal advice described in subparagraph (B). ‘‘(B) The legal advice referred to in subparagraph (A) includes advising the debtor— ‘‘(i) whether— ‘‘(I) to file a petition under this title; or ‘‘(II) commencing a case under chapter 7, 11, 12, or 13 is appropriate; ‘‘(ii) whether the debtor’s debts will be discharged in a case under this title; ‘‘(iii) whether the debtor will be able to retain the debtor’s home, car, or other property after commencing a case under this title; ‘‘(iv) concerning— ‘‘(I) the tax consequences of a case brought under this title; or ‘‘(II) the dischargeability of tax claims; ‘‘(v) whether the debtor may or should promise to repay debts to a creditor or enter into a reaffirmation agreement with a creditor to reaffirm a debt; ‘‘(vi) concerning how to characterize the nature of the debtor’s interests in property or the debtor’s debts; or ‘‘(vii) concerning bankruptcy procedures and rights.’’; (6) in subsection (f)— (A) by striking ‘‘(f)(1)’’ and inserting ‘‘(f)’’; and (B) by striking paragraph (2); (7) in subsection (g)— (A) by striking ‘‘(g)(1)’’ and inserting ‘‘(g)’’; and (B) by striking paragraph (2); (8) in subsection (h)— (A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; (B) by inserting before paragraph (2), as so redesignated, the following: ‘‘(1) The Supreme Court may promulgate rules under section 2075 of title 28, or the Judicial Conference of the United States may prescribe guidelines, for setting a maximum allowable fee chargeable by a bankruptcy petition preparer. A bankruptcy petition preparer shall notify the debtor of any such maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor.’’;

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