Lutheran Social Services of South Dakota

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Agreement for Pre-Filing Bankruptcy Services

Lutheran Social Services of SD (LSS) has 25 years of experience helping people with financial challenges. LSS is a non-profit agency, organized and operated in accordance with Section 501(c) (3) of the Internal Revenue Code. This agency is accredited by the Council on Accreditation (COA), an independent third party organization that reviews and monitors entities that provide social services. LSS is a member of the National Foundation for Credit Counseling (NFCC), an association widely known and respected for the high standards for quality credit counseling and financial education of its member agencies.

Our role is not to be judgmental, but to provide assistance. Specifically, we do a budget analysis that will examine your financial situation, discuss the factors that may be the cause of your problems, and explore your options for developing a reasonable plan for dealing with them. We will provide you with the information about bankruptcy, including its process and possible consequences. We will also discuss alternatives to bankruptcy specific to your situation. It is our view that the purpose of the session is to provide you with the information so that you may choose the option that you think is best. Upon completion of all requirements, you will be provided with a certificate that you will need, should you decide to file for bankruptcy. The certificate is valid for up to 180 days from the date the counseling session is completed.

The counselor conducting or supervising this counseling session is qualified by education and/or experience in financial management. In addition, he/she has been trained and certified in accordance with NFCC standards and receives on-going training and continuing education credits to maintain certification. While she/he has expertise in helping those with financial challenges, he/she cannot provide you with legal advice. In fact, this session is designed to provide you with information and alternatives; it is not intended to take the place of a consultation with an attorney.

Any data we compile will be aggregated in a way to prevent the disclosure of your personal identification. LSS will not disclose or provide information about your participation in this counsel to a credit reporting agency. We will not disclose any information that you provide orally or in writing to anyone, except as authorized by you in writing or as required by law, such as in response to a subpoena.

LSS does not pay or receive fees or other consideration for the referral of debtor students to or by our agency. To help cover the cost of providing this service to you, this agency schedules a fee of $50 per person. The Pre-Filing Bankruptcy counsel is offered without regard to ability to pay and you may request a fee waiver. Payment is expected at the time service is delivered. There are no additional costs in addition to the counseling fee including cases where a credit report is pulled. The Pre-Filing Bankruptcy counsel is delivered in-person, via telephone or internet.

Lutheran Social Services of SD receives funding in the form of fees, public and private grants, individual contributions, United Way support, creditor contributions, investment and other revenue. A significant portion of funding comes from voluntary contributions from creditors who participate in debt management plans. Since creditors have a financial interest in having debts repaid, most are willing to make a contribution to help fund the overall services of this agency. Should you decide to enter into a DMP, you will receive specific information on how the plan works and the fee schedule.

I have read and understand the disclosures made above
(the Agreement for Pre-Filing Bankruptcy Services).