Bankruptcy Disclosure
Trusts and Estate Practice
Bankruptcy Practice
Bankruptcy Practice
| LAW OFFICE OF ALICE H WARE |
The Bankruptcy Abuse Prevention and Consumer Protection Act of
2005 requires that every client be given the following disclosure:
IMPORTANT INFORMATION ABOUT
BANKRUPTCY ASSISTANCE SERVICES FROM AN
ATTORNEY OR BANKRUPTCY PETITION PREPARER.
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 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 you 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 litigation in bankruptcy court, but
only attorneys, not bankruptcy petition preparers, can give you legal
advice.
2005 requires that every client be given the following disclosure:
IMPORTANT INFORMATION ABOUT
BANKRUPTCY ASSISTANCE SERVICES FROM AN
ATTORNEY OR BANKRUPTCY PETITION PREPARER.
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 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 you 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 litigation in bankruptcy court, but
only attorneys, not bankruptcy petition preparers, can give you legal
advice.
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| LAW OFFICE OF ALICE H WARE |
| 916-781-3355 |
Contact Information:
Telephone: (916) 781-3355
Facsimile: (916) 781-3331
Office address:
6930 Destiny Drive, Suite 700
Rocklin, CA 95677-2987
Telephone: (916) 781-3355
Facsimile: (916) 781-3331
Office address:
6930 Destiny Drive, Suite 700
Rocklin, CA 95677-2987