Congressional Bankruptcy DisclosuresUnder the New Law, I am required to provide you with certain legal disclosures before I can give you legal advice. These disclosures were prepared by Congress. Some of them I agree with. Some of them I do not. At the end of each paragraph, I will interject my opinion in bold print following the disclosure language. Remember, bold print means I am saying. Regular print (including ALL CAPS) means Congress is saying:IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM A BANKRUPTCY ATTORNEY OR BANKRUPTCY PETITION PREPARER. If you decide to seek bankruptcy relief, you can represent yourself, you can hire a bankruptcy attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer 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. I agree with this paragraph 100%. Before you pay anyone money to help you, get a contract. 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. I agree, but routine does not mean simple. Under the system, even the smallest error in processing a case can result in disaster. Before filing a bankruptcy case, either you or your bankruptcy lawyer 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. This paragraph does not go far enough. In addition to the above referenced documents, a means test will have to be performed and submitted, and various documents (such as tax returns, proof of income, bank statements, etc) will be submitted to verify the information in schedules. If you choose to file a chapter 7 bankruptcy 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. I agree. Reaffirmations usually benefit the creditor more than you, so be careful not to jump into any reaffirmations. If you choose to file a chapter 13 bankruptcy 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. I disagree with this paragraph strongly. First, a Chapter 13 Plan can often last less than 3 years. Second, a bankruptcy petition preparer (referenced above) cannot help you design a plan. Only an attorney can. 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. I agree. Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only attorneys, not bankruptcy petition preparers, can give you legal advice. I agree. Call Toll Free at 1-877-570-5588 Free Attorney Consultation Sno-Isle Bankruptcy |
The Law Offices of Chris Raymond, PSC, is a Debt Relief Agency that helps people overcome their debt problems through the legal tools available to all Americans. This includes helping people file for bankruptcy protection.
