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1.The New Bankruptcy Law
2. How Much Will It Cost? - List of Fees
3. Being Your Own Lawyer
1. THE NEW BANKRUPTCY LAW
Bad Law. As you may know, the credit industry purchased enough votes in Congress to pass what we refer to as "Crooked Creditor Protection Act of 2005". This new bankruptcy law allows credit card companies and other lenders to continue engaging in deceptive and predatory lending practices while taking away the rights of American citizens to obtain protection under the bankruptcy laws. The credit industry wrote many traps into this law intended to get your case dismissed or to penalize you for filing a bankruptcy. Only a lawyer skilled in bankruptcy can assure that you will not fall into one of those traps.
2. HOW MUCH WILL IT COST? - LIST OF FEES
Chapter 7 (fresh start) -- $300 Attorney Fee + $299 Court Filing Fee
Chapter 13 -- $450 Pre-filing Attorney Fee + $274 Court Filing Fee
All meetings in
3. BEING YOUR OWN LAWYER
Anyone can be his or her own lawyer. You may have heard the old saying, "A lawyer who represents himself has a fool for a client." That saying embodies the good as well as the bad in our legal system. The good is that each and every one of us has the right to act as our own attorney in any legal proceeding. The bad is that people who are not trained in the law have no way of knowing what pitfalls are awaiting them and may wind up paying a lot more money to clean up a mess than they needed to pay an attorney to avoid it. Just because you have the right to act as your own attorney does not mean that it is a wise thing to do so.
4. BEWARE OF "PARALEGALS"
You Need a Lawyer - Not a "Paralegal". Beware of untrained typists who tell you that you should not have a lawyer handle your bankruptcy! These people will try to fool you by calling themselves "paralegals" and telling you that you do not need the advice of a lawyer. What they are really doing is charging you for the same service a lawyer would provide but not giving you that service.
Just "Typing Your Documents." These "paralegals" cannot answer your legal questions or prepare your legal documents for you. They may type up "legal" documents for you to sign in order to get your money, but you have no way of knowing if the document does what you need until it is too late. Your bankruptcy may be dismissed if it is done incorrectly or you may lose your real estate or pension plan or other property because of errors in the papers. By the time you hire a lawyer to undo the damage the "paralegal" has done, you will wind up paying many times what you would have paid to have the bankruptcy done correctly the first time.
2. FREE INITIAL CONSULTATION
Your
Case is Special. Anastasia L.
Karson and Elizabeth C. Wallace are happy to provide you with as much information as
possible about bankruptcy in general on this Web site. The general information is helpful, but it
only goes so far. What you need to know
is how the law applies to your particular situation, how to protect your
property, how to stop the harassment, how to avoid being garnished, how to
avoid having liens placed on your home, etc.
Anastasia L. Karson, and Elizabeth C. Wallace offer a free initial consultation in their
2. FREE INITIAL CONSULTATION
Your
Case is Special. Anastasia L.
Karson and Elizabeth C. Wallace are happy to provide you with as much information as
possible about bankruptcy in general on this Web site. The general information is helpful, but it
only goes so far. What you need to know
is how the law applies to your particular situation, how to protect your
property, how to stop the harassment, how to avoid being garnished, how to
avoid having liens placed on your home, etc.
Anastasia L. Karson, and Elizabeth C. Wallace offer a free initial consultation in their
New Bankruptcy Law. It was risky to use a “paralegal” before the new law was passed, and it is downright crazy to use one now. In the past, most of the damage done by these typists could be undone by paying a lawyer additional fees to fix it. Under the new law, a paralegal’s mistake can result in you being penalized or having your protection under the bankruptcy laws limited. Remember, a “paralegal” cannot give you legal advice so they cannot possibly explain the new law to you.
Some of the Reasons to Use a Lawyer. The left column below shows some (not all) of the documents you will be required to file or deliver as part of your bankruptcy. The right column shows the penalties for not complying. You cannot afford to have your case dismissed because re-filing it may not reinstate bankruptcy protection. As your attorney, we will make sure that these documents are properly prepared and filed.
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11 USC § 521(a)(1): You must file: 1. List of creditors 2. Schedule of assets & liabilities 3. Schedule of current income and expenditures 4. Statement of Financial Affairs 5. Certification of receipt of 11 USC § 342(b) notice, if any 6. Copies of all pay stubs for past 60 days 7. Itemized means income test 8. Statement of expected income increases |
Dismissal: Failure to file all these documents will
result in dismissal of your case 45 days after it is filed unless you file a separate motion to get another 45 days. 11 USC § 521(i) |
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11 USC § 521(b) & (c): You must file: 1. Certificate from credit counselling agency 2. Debt repayment plan if one was developed 3. Record of any Educational IRA |
Denial
of Protection: If you do not
complete the credit briefing, you do not qualify for bankruptcy protection. 11 USC § 109(h) |
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USC § 521(e): You must
deliver, at least 7 days before your meeting of creditors, a copy of your tax return for last year to the bankruptcy trustee and to any creditor who timely requests one. |
Dismissal: You can substitute a transcript for the
return, but your case will be dismissed if one or the other is not provided on time. |
Out of State Paralegals. The problems are especially bad with out-of-state "paralegals" because the exemption laws in
You Can't Afford Not to Use a Lawyer. One of the tragedies of using these paralegals is that you usually wind up paying them more to ruin your case than you would pay a lawyer to do it right in the first place.