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Assisted person
In bankruptcy law, an assisted person is any person whose debts are primarily consumer debts and whose nonexempt property is worth less than a set dollar amount. The term decides who is protected by the debt relief agency rules. 1
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For cases filed on or after April 1, 2025, that amount is $256,800. The figure is adjusted from time to time, so check the current amount. 1
The term matters because of what it triggers. Anyone who provides bankruptcy assistance to an assisted person for payment is a debt relief agency, and bankruptcy petition preparers are included. 1
A debt relief agency must give an assisted person a written contract within 5 business days of first providing bankruptcy assistance services, and before the petition is filed. The contract must explain the services, the fees and the terms of payment. 2
Debt relief agencies may not advise people to take on more debt in contemplation of filing, and may not misrepresent their services or the benefits and risks of bankruptcy. 3
Common questions
Am I an assisted person?
It depends on whether your debts are primarily consumer debts, meaning debts for personal, family or household purposes, and on the value of your nonexempt property. A bankruptcy lawyer can tell you how the definition applies to you. 1
Is everyone who helps with bankruptcy a debt relief agency?
No. The definition leaves out, among others, tax-exempt nonprofit organizations, banks and credit unions. 1
Sources
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