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The Bankruptcy Law Firm10524 W. Pico Blvd.
Suite 212 Los Angeles, CA 90064 Phone: 1-310-559-9224 Fax: 1-310-559-9133 Email: kmarch@BKYLAWFIRM.com Website: www.BKYLAWFIRM.com
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Debt Relief Agency Disclosures Required by 11 USC §527(b)IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY(Note: This information is mandated by statute. It may or may not correctly explain the law.) If you decide to seek bankruptcy relief, you can represent yourself, you can hire an 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. The following information explains what must be done in a routine bankruptcy case to help you evaluate how much service you need. Before filing a bankruptcy case, either you or your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and decide 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 (Petition, Schedules, Statement of Financial Affairs, and in some cases a Statement of Intention) must 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 must 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 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 should consult 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 lawyers, not bankruptcy petition preparers, can give you legal advice. The Bankruptcy Law Firm, PC NOTICE ABOUT VARIOUS CHAPTERS (KINDS) OF BANKRUPTCY YOU CAN FILEIn accordance with §342(b) of the Bankruptcy Code, this Notice (written by the Bankruptcy Court): (1) Describes briefly the services available from credit counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you supply in connection with a bankruptcy case. You are cautioned that bankruptcy law is complicated and not easily described. Thus, you may wish to seek the advice of an attorney to learn of your rights and responsibilities should you decide to file a petition. Court employees cannot give you legal advice. 1. Services Available from Credit Counseling Agencies With limited exceptions, §109(h) of the Bankruptcy Code requires that all individual debtors who file for bankruptcy relief on or after October 17,2005, receive a briefing that outlines the available opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days before the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted by telephone or on the Internet) and must be provided by a nonprofit budget and credit counseling agency approved by the United States trustee or bankruptcy administrator. The clerk of the bankruptcy court has a list that you may consult of the approved budget and credit counseling agencies. In addition, after filing a bankruptcy case, an individual debtor generally must complete a financial management instructional course before he or she can receive a discharge. The clerk also has a list of approved financial management instructional courses. 2. The Four Chapters of the Bankruptcv Code Available to Individual Consumer Debtors Chapter 7: Liquidation ($220 filing fee, $39 administrative fee, $15 trustee surcharge: Total fee $274)
Chapter 13: Repayment of All or Part of the Debts of an Individual withRegular Income ($150 filing fee, $39 administrative fee: Total fee $189)
Chanter 11: Reorganization ($1000 filing fee, $39 administrative fee: Total fee $1039) Chapter 11 is designed for the reorganization of a business but is also available to consumer debtors. Its provisions are quite complicated, and any decision by an individual to file a chapter 11 petition should be reviewed with an attorney. Chapter 12: Family Farmer or Fisherman ($200 filing fee, $39 administrative fee: Total fee $239) Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings and is similar to chapter 13. The eligibility requirements are restrictive, limiting its use to those whose income arises primarily from a family-owned farm or commercial fishing operation. 3. Bankruptcy Crimes and Availability of Bankruptcy Papers to Law Enforcement Officials A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury, either orally or in writing, in connection with a bankruptcy case is subject to a fine, imprisonment, or both. All information supplied by a debtor in connection with a bankruptcy case is subject to examination by the Attorney General acting through the Office of the United States Trustee, the Office of the United States Attorney, and other components and employees of the Department of Justice. WARNING: Section 521(a)(1) of the Bankruptcy Code requires that you promptly file detailed information regarding your creditors, assets, liabilities, income, expenses and general financial condition. Your bankruptcy case may be dismissed if this information is not filed with the court within the time deadlines set by the Bankruptcy Code, the Bankruptcy Rules, and the local rules of the court. EXHIBIT BEXHIBIT BInformation to the Assisted Person (Debtor) on How to Provide All Information Required by 11 USC §521Information to the Assisted Person (Debtor) on How to Provide All Information Required by Section 521 Section 521 of the Code sets out the Debtor's duties related to the filing of a bankruptcy case. A copy of the section is attached to this writing. As you fill out these schedules and statement of affairs, you should keep the following in mind: 1. Completing the income and expense pages accurately and completely is critical.
Free First Consult to Tell You if We Can Help You Phone Us at 1-310-559-9224; or from Los Angeles and Ventura Counties Only Phone Toll Free 1-866-BKY-ATTY Los Angeles Bankruptcy Lawyer Disclaimer: The information on los angeles bankruptcy law, filing bankruptcy in Los Angeles, Chapter 7 bankruptcy, personal bankruptcy, Chapter 13 bankruptcy, Chapter 11 bankruptcy, credit card bankruptcy, and other bankruptcy legal information presented at this site does not constitute legal advice and does not create any attorney client relationship or contract of any kind with the Bankruptcy Law Firm, PC or Los Angeles bankruptcy lawyer Kathleen P. March, Esq. The Bankruptcy Law Firm, PC uses a written contract for each bankrkuptcy client and will only be representing you in your Los Angeles bankruptcy matter if you and the law firm sign a written legal representation contract and you pay Bankruptcy law firm for the bankruptcy legal services it performs for you. Information on this bankruptcy los angeles law firm web site is provided for informational and educational purposes only. You should never make legal hiring decisions solely upon web pages, brochures, advertising or other promotional materials. Please contact a Los Angeles bankruptcy lawyer at The Bankruptcy Law Firm, PC, for your free first consult to find out whether our Los Angeles Bankruptcy Attorneys can represent you. This web site might be characterized as an advertisement under California's State Bar Rules and is not intended to solicit clients for matters outside of the State of California. Always seek the advice of an attorney from your own jurisdiction before relying on information from this site or any web site. Kathleen P. March - Los Angeles Bankruptcy Lawyer, and Former Bankruptcy Judge - claims the copyright (2002-2008) to the content of all pages on www.bkylawfirm.com. All rights reserved. |