Prospective Clients
Before our first meeting, please read the disclosures below and complete the following forms:
DISCLOSURE PURSUANT TO 11 U.S.C. §527(a)(2)
You are notified:
All information that you are required to provide with a petition and thereafter during a case under the Bankruptcy Code is required to be complete, accurate, and truthful.
All assets and all liabilities are required to be completely and accurately disclosed in the documents filed to commence the case. Some places in the Bankruptcy Code require that you list the replacement value of each assets. This must be the replacement value of the property at the date of filing the petition, without deducting for costs of sale or marketing, established after a reasonable inquiry. For property acquired for personal, family, or household use, replacement value means the price a retail merchant would charge for property of that kind, considering the age and condition of the property.
The following information, which appear on Official Form 22, Statement of Current Monthly Income, are required to be stated after reasonable inquiry: current monthly income, the amounts specified in section 707(b)(2), and, in a case under chapter 13 of the Bankruptcy Code, disposable income (determined in accordance with section 707(b)(2)).
Information that you provide during your case may be audited pursuant to provisions of the Bankruptcy Code. Failure to provide such information may result in dismissal of the case under this title or other sanction, including criminal sanctions.
DISCLOSURES PURSUANT TO § 527
IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER
If you decide to seek bankruptcy relief, your can represent yourself, you can hire an attorney to represent you, or your can get help in some localities from a bankruptcy petition prepared who is not an attorney. THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see the contract before you hire anyone.
The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service you need. Although bankruptcy can be complex, many cases are routine.
Before filing a bankruptcy case, either your or your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and which form of relief is most likely to be beneficial for you. Be sure you understand the relief you can obtain and its limitations. To file a bankruptcy case, documents called a Petition, Schedules, and Statement of Financial Affairs, as well as in some cases a Statement of Intention need to be prepared correctly and filed with the Bankruptcy Court. You will have to pay a filing fee to the Bankruptcy Court. Once your case starts, you will have to attend the required first meeting of creditors where you may be questioned by a court official called a “trustee” and by creditors.
If you choose to file a chapter 7 case, you may be asked by a creditor to reaffirm a debt. You may want help deciding whether to do so. A creditor is not permitted to coerce you into reaffirming your debts.
If you choose to file a chapter 13 case in which you repay your creditors what you can afford over 3 to 5 years, you may also want help with preparing your chapter 13 plan and with the confirmation hearing on your plan which will be before a bankruptcy judge.
If you select another type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what should be done from someone familiar with that type of relief. Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only attorney, not bankruptcy petition preparers, can give you legal advice.
(c) Except to the extent the debt relief agency provides the required information itself after reasonably diligent inquiry of the assisted person or others so as to obtain such information reasonably accurately for a debt relief agency providing bankruptcy assistance to an assisted person, to the extent permitted by non-bankruptcy law, shall provide each assisted person at the time required for the notice required under subsection (a)(1) reasonable sufficient information (which shall be provided in a clear and conspicuous writing) to the assisted person on how to provide all the information the assisted person is required to provide under this title pursuant to section 521, including –
(1) how to value assets at replacement value, determine current monthly income, the amount specified in section 707(b)(2) and, in a chapter 13 how to determine disposable income in accordance with section 707(b)(2) and related calculations; (2) how to complete the list of creditors, including how to determine what amount is owed and what address for the creditor should be shown; and (3) how to determine what property is exempt and how to value exempt property at replacement value as defined in section 506.
If you meet with an attorney at the firm for a bankruptcy consult, you will receive the following information: A list of approved credit counseling agencies. These agencies can assist you in obtaining a certificate of credit counseling. You cannot file for bankruptcy relief without that document. Simply contact one of the approved agencies and explain that you have met with a bankruptcy attorney and are considering filing. They will explain what you will need to do. In addition to the certificate of credit counseling, during the course of the bankruptcy case you will also need to obtain a financial management certificate. The agency will explain how to obtain that as well. Disclosures mandated by the Bankruptcy Code. Forms to complete that will allow us to complete a bankruptcy petition.
In order to file your petition, you will need to supply the following items: The most recent six months of your pay stubs The most recent two years tax returns A copy of your driver’s license and social security card The most recent utility bill and mortgage statement (if applicable) An appraisal of your home’s value (if applicable) Copy of title for any vehicles you own The most recent six months of your bank statements
The documents listed above are simply the initial required documents. You may be asked to provide additional documents. You will be advised at the time of filing if additional documents are necessary.
Once you have prepared all of the documents, and have obtained all necessary pre-filing documents (credit counseling certificate), we will prepare the petition. You will also sign a retainer agreement that explains the costs and fees associated with filing, as well as the services included and excluded in your representation. All fees for our services must be paid prior to the filing of the petition.
When the petition is ready to be filed, you will need to make an appointment to meet with your attorney in order to review the petition and sign it. It will then be filed with the Court. You will receive a case number as well as a copy of the notice of filing. Should any creditors contact you after filing, simply inform them that you have filed for bankruptcy and give them the case number. They cannot contact you once they have been informed that you have filed for bankruptcy relief.
You will then receive a letter from this office that a petition has been filed on your behalf. The letter will give you the date for a section 341 meeting (meeting of creditors). You must appear at the 341 meeting. You must have your driver’s license and social security card with you for the trustee to review. If you do not have those items, the trustee will not examine you. The 341 meeting takes only 15 minutes or so. However, depending on the number of cases on at the time you appear, we may wait for some time to be examined. The letter will tell you the date, time and location of the meeting.
If you have filed a chapter 13 case, in addition to a 341 meeting, you may have to attend a confirmation hearing. You will be advised of the date, time and location of the confirmation hearing, as well as whether or not you will have to be present.
Chapter 13 debtors must continue to make payments on all mortgages, car loans, and the like, after the filing. Failing to make post-petition payments will cause a secured creditor to move to vacate the automatic stay and continue their actions against you. In addition, chapter 13 debtors must make timely payments to the trustee. Failing to make trustee payments will cause the chapter 13 trustee to move to dismiss your case.
This information does not include all information necessary for debtors. Please ask your attorney any specific questions about your specific case.
