Information for Clients, Masochists, and the Curious

1. Background

Every U.S. resident has a legal right to seek bankruptcy relief. Bankruptcy provides a way for an honest person to get a fresh financial start. In all my years of practicing bankruptcy law, I have never met a client who cavalierly decided to file a bankruptcy petition just for the hell of it. For the vast majority, circumstances beyond their control contributed substantially to the trouble they found themselves in, such as:

a medical emergency;
other emergencies (car failure, storm damage, etc.);
a job loss;
a job cutback;
the recession/housing crisis/foreclosure;
a divorce;
the incapacitation or death of a spouse or partner;
an abusive family member;
abusive student loan marketing;
other abusive marketing (vacations/timeshares, negative equity car lending, satellite television, the entire internet, etc.); and/or
fraud.

Unfortunately, there is a tremendous stigma in our society associated with financial trouble. Shame, guilt, and tears are common. For many people, the very act of contacting me can be so difficult that they go back-and-forth, reaching out and pulling away, often for weeks, or even months. By the time most of my clients contact me, they have exhausted all other avenues of financial rehabilitation, are themselves exhausted from the effort, and are desperate for some relief. It is an act of last resort, taken soberly, yet hopefully.

I deeply regret any pain that you might be going through. Consider this: in a few weeks you will walk out of the courthouse and your bankruptcy proceeding will be done. And like many of my clients, you will perhaps feel something at that moment that you possibly haven’t felt for quite some time. It might even be so foreign that at first you won’t recognize it; welcome back optimism.

2a. Definitions – Chapter 7

Chapter 7 is an asset liquidation that wipes out most general unsecured debts such as credit cards personal loans, medical bills, and some tax debts. You get to keep all property that is exempted from execution under federal or Vermont law. If all of your property is exempted, you have what is called a “no asset case.”

2b. Definitions – Chapter 12/13

Chapter 13 is a debt adjustment designed to pay back at least a portion of unsecured debts through a repayment plan. You get to keep all of your property, even non-exempt property. A chapter 13 is usually filed for one or more of the following reasons:

your behind on your mortgage and the bank is unhappy, but you’d like to make up the arrearage over time and stay in your house;
your house is “under water,” there is at least one wholly unsecured junior lien on your home, and you’d like to get rid of that lien;
your current monthly income is too high for a chapter 7;
you have non-exempt assets (property) that you’ll lose if you file chapter 7;
you filed for chapter 7 in the last eight years;
you have a debt for malicious property damage that you can’t pay;
you have a marital property settlement debt that you can’t pay;
you previously filed for bankruptcy, but were denied a discharge;
your car is “under water,” but you’d like to fish it out and keep it;
you just came through a chapter 7 bankruptcy, but you still have debt arrearages that you’d like to address over time (sometimes referred to as a “chapter 20”);
you want to repay at least some portion of your debts, but you need the protection and/or discipline of chapter 13 to do so.

Chapter 12 is a souped up chapter 13 that’s only available to family farmers and fisher-people.

2c. Definitions – Other

Cash-flow challenged – a person or business who has more going out than coming in. Sometimes referred to as a debtor.

Debt – anything that you owe someone at the moment a few weeks from now that you will be signing your petition to the court for relief even if it’s only 1¢ (ask me about the car mechanic example if I didn’t already tell it to you).

Debtee – a person or business that is owed something by a cash-flow challenged. Sometimes referred to as a creditor.

Fresh start candidate – a cash-flow challenged seeking relief in bankruptcy court.

Household Size – includes:

You;
Your children, step-children, or other relatives who will be living with you when your petition is filed; and
Your children, step-children, or other relatives who lived with you until moving temporarily away due to education, illness, business, vacation or military service; and
Your foster children who will be living with you when your petition is filed; and
Your spouse, if he/she will be living with you when your petition is filed; and
Anyone else living with you when your petition is filed whose expenses are intermingled with yours (partners, roommates, tenants sharing your kitchen, etc.); and
#6’s children or other relatives who will be living with you when your petition is filed; and
#6’s children or other relatives who lived with you until moving temporarily away due to education, illness, business, vacation or military service.

3a. Do This Now – Credit Cards and Auto-Debits

Cut up all of your credit cards and close all active accounts. Start living on cash, debit cards, and checks if haven’t been doing so already. If you are hoping to hang on to an account that doesn’t have a balance, or pay off a debtee before filing in the hopes of keeping an account active, my advice is don’t waste your money. All of your credit cards will be canceled after you file, even if there is no balance.
Revoke authorization for all automatic recurring payments that are currently taken from a credit card. Don’t switch these payments to your debit card unless it is for payments to a(n):
1. student loan lender;
2. mortgage;
3. landlord;
4. car loan;
5. insurance provider – car, homeowners’, renters’, etc.
6. utility;
7. cell phone provider that you are electing to stay with; and
8. provider of other necessaries.
Revoke authorization for all automatic debiting payments that are currently made from your bank (including by debit card) to any debtee except for the debtees listed in the previous paragraph.
Turn off automatic bill-pay payments from your bank to any debtee except for the debtees listed in the second paragraph.

For detailed instructions on these services and how to cancel them, go to: https://www.consumerfinance.gov/about-us/blog/you-have-protections-when-it-comes-to-automatic-debit-payments-from-your-account/. These instructions include revocation letter and stop payment order templates.

3b. Do This Now – Debtees

If a debtee calls you and you have signed and submitted the representation agreement to me, you may tell them that you’re intending to file, and that you’ve retained counsel. You may also give them my name and contact information. Please note, however, that if I subsequently close your file due to lack of responsiveness, and inform you of such, any debtees that contact me will simply be told that I do not represent you, and nothing else.

Any cumulative payments to an unsecured debtee of more than $600 made in the three (3) months prior to filing can be voided by the bankruptcy trustee. If you are considering paying an unsecured debtee any amount, and it is not for support, student loans, tax debts, or utilities, speak to me first.

4. Privacy and Confidentiality

Here are some of the privacy implications of filing for bankruptcy:

You will undoubtedly need to share some personal information with me as I prepare your bankruptcy petition for filing. For instance, if you send me medical bills, I will invariably read parts of some bills that mention medical procedures as I gather the information that needs to be on your petition.

In the course of contacting certain people on your behalf, I sometimes will need to reveal that you will be filing or have filed for bankruptcy protection;

Your bankruptcy petition and your most recent two (2) months of redacted pay stubs will be filed as a public record, discoverable by anyone with a Public Access to Court Electronic Records (PACER) account. You will probably receive a handful of mailed solicitations from entities that use PACER to troll the bankruptcy filings for this purpose;

All of your debtees and co-cash-flow challenged will directly receive a notice of your bankruptcy filing, with your full social security number on it so that they can identify you, and these people may request a copy of your 2017 tax return as well; and

Other fresh start candidates will be in the waiting room/hallway at your § 341 Meeting (see #11, § 341 Meeting), and there is a paper calendar with everyone’s name on it as well, rendering it remotely possible that you will recognize and/or be recognized by someone at this meeting.

That being said:

As your attorney, all of your communications with me, including information contained in private documents, is confidential, so long as you don’t discuss a crime that you intend to commit in the future (don’t), or problems with your spouse (if you’re filing a joint petition).

You have the choice to send me medical bills, or to provide the necessary information on the questionnaire without producing any bills.

I only share the docket number of your case if my representation of you requires me to, or, in very limited instances, as part of a legal education presentation.

If instructed by you, I will take the language that identifies me as a bankruptcy lawyer out of specifically requested emails.

No one will get your phone number on account of you filing for bankruptcy protection.

No one except Urgent Credit Counseling and Second Bankruptcy Course (see #8, Credit Counseling) will be privy to your email address, and they are prohibited from selling this email address.

No one other than your debtees will receive a notice that you have filed for bankruptcy, even people such as your landlord (unless you owe him/her/it money), whose name and address is included in the petition;
No one other than your debtees (who already have it) will receive your Social Security Number;

Long gone are the days when bankruptcies were published in the Free Press and Times Argus;

No documents produced by you will be in the public record except for the two (2) months of pay stubs mentioned in the previous paragraph (the other documents are inspected by a bankruptcy trustee and no one else); and

The court has strict rules prohibiting the dissemination of personally identifiable information about you in the course of your bankruptcy case, or the inclusion of it in the public record.

All in all, the likelihood of someone finding out that you have filed for bankruptcy without you telling them is remote.

5a. Docs – Generally

The documents that you provide will be submitted to the bankruptcy trustee who will decide the fate of your bankruptcy. It is in your best interest to provide documents to me that are clean and readable. Please inspect all documents before sending/giving them to me. I will submit the documents that you give me to the trustee in whatever condition I receive them.

Once you have sent me all necessary docs, I will process them.

5b. Docs – Disclose, Disclose, Disclose

You are asking the bankruptcy court to discharge your unsecured debts. In exchange, the Bankruptcy Court expects you to honestly and candidly provide the all the information and documentation required under the Code.

Your bankruptcy petition MUST include (actual examples):

all of your property, even the rusty old car that has been sitting in your yard for five years, and the bank account with only $25 in it that you haven’t gotten around to closing yet;
all of your income, even the babysitting money that you make two (2) or three (3) times per month; and
all of your debts, even the $100 to cover rent that your mom spotted you the day before you sign your petition.

Please provide me with everything that I ask for; that is the key to a quick and easy proceeding.

Bankruptcy fraud is a crime. You can go to jail. Don’t do it.

5c. Docs – Paperless Offices

My offices are both paperless. My client files are 100% electronic, in pdf format, and that is the form in which they are submitted to the trustee. Anything that I receive in paper will be scanned to your electronic file as a pdf, and the paper copy will be immediately destroyed unless expressly directed by you to return it.

5d. Docs – Bank Statements and Pay Stubs

Please pay particular attention to the requests for bank statements and pay stubs. These are the two (2) items that trip clients up the most. In addition to the pay stubs and bank statements that you produce now, you will need to produce the ones that you receive between now and the day you sign your petition as well.

5e. Docs – Car Titles

You need to provide a copy of the title to all titled vehicles in order to declare bankruptcy, even for vehicles that have a loan on them. If you have a vehicle with a loan on it, do the following in order to get a certified copy of the title from the DMV:

1. Download VG116 to your desktop. This is a fillable pdf file. Complete as follows:

Page 1:

Fill out all the information from the first black bar (“Signature Required on Back of Form”) to the second black bar (“Authorization of Release of Information”). Have the form mailed to you (don’t fill out the “Mail to (if different than above address)” section);
Do NOT fill out the “Authorization of Release of Information” section (where it says “Don’t complete this section”).

Page 2:

Electronically initial Box #1; and
Fill out the date and your Driver’s License Number on the form.

2. Print and sign the filled-out VG-116.

3. Mail:

the completed VG-116 form;
a photocopy of your driver’s license, and
a check or money order in the amount of $6/vehicle, payable to the “Vermont Department of Motor Vehicles”

to Vermont Department of Motor Vehicles, 120 State Street, Montpelier, VT 05603-0001.

4. Complete Steps 1 – 3 for each car that you owe money on.

When you receive your title, scan the front and back. File = your initials, a space, “tr3,” the make of the car, the date that the title was issued (“yearmonthday”), “ti,” and the car’s year, color, mileage (‘100k”), and VIN number (for example, “nln tr3toyota150830ti14blue201k5TDBA22C84S009215”).

5f. Docs – Tax Returns

If you were required to file an income tax return for the 2016 tax year, then you need to provide your 2016 federal and state tax returns in order to declare bankruptcy.

If you were required to file an income tax return for the 2017 tax year, then you need to provide your 2017 federal and state tax returns as soon as they are filed, or (if after April 18, 2018) applications for extension.

If you filed a federal income tax return for the 2016 and/or 2017 tax year(s) but you don’t have a copy, get an online tax return transcript. Make sure to download a tax return transcript; that’s the one that you need to provide.

If you filed a Vermont income tax return for the 2016 and/or 2017 tax year(s) but you don’t have a copy, request a copy of your return(s) as follows: submit a signed letter including your name, current mailing address, year requesting, and the reason for the request [“replace lost copy”]. With the signed letter, include a copy of your driver’s license and Social Security Card. Send it to the Vermont Department of Taxes by:

Email – [email protected]; or
Mail – VT Dept. of Taxes, Attn: Crystal, PO Box 1645, Montpelier, VT 05601.

If you have any questions about requesting a Vermont income tax return, please contact Crystal Palmer, Tax Examiner II, at [email protected] or 828-6824.

If you filed a state income tax return for a state other than Vermont for the 2016 and/or 2017 tax year(s) but you don’t have a copy, please contact the tax department for that state to request a copy of your return(s).

5g. Docs – Social Security Cards

You need to provide your Social Security number in order to declare bankruptcy. Furthermore, you need to offer proof of your Social Security number. The proof consists of a document generated by a third party that includes your Social Security number, the most obvious being your Social Security Card. If your SS Card is lost, go to https://www.ssa.gov/myaccount/ to order a replacement online, or fill out the Social Security Card Application and bring it or mail it to the nearest Social Security Administration Office:

Burlington – Suite 107, 128 Lakeside Avenue, Burlington, VT 05401, M, Tu, Th, F 9am-4pm, W 9am-12pm, 1-877-840-5776 (TTY: 1-800-325-0778)

Montpelier – 33 School Street, Montpelier, VT 05602, M, Tu, Th, F 9am-4pm, W 9am-12pm, 1-877-505-4542 (TTY 1-802-223-0586)

Rutland – 330 Asa Bloomer Bldg, 88 Merchant’s Row, Rutland, VT 05601 , M, Tu, Th, F 9am-4pm, W 9am-12pm, 1-866-690-1944 (TTY 1-802-773-3202)

YOU NEED TO BRING PROOF OF YOUR SSN TO THE TRUSTEE’S MEETING.

6. Credit Report

I will pull a Bankruptcy Credit Report and send it to you before our first appointment. The cost of this Bankruptcy Credit Report ($33 ($66 for a couple)) is included in my fee.

7. Appointments

Once I’ve processed your docs, we’ll get together for a meeting. At the meeting, I’ll answer any questions that you have, and we’ll go over your credit report. You do not need to bring anything to this meeting unless you have something that you would like to bring to my attention.

In addition to the documentation that you provide, I have a questionnaire that will covers the rest of the information that I need to finish putting your petition together. I will give the questionnaire to you when we meet, and we’ll go over the instructions together. I typically see clients in Williston on Mondays and Wednesdays, and in Moretown on Tuesdays and Thursdays.

8. Credit Counseling Courses – Pre- and Post-Petition

You are required to complete an Urgent Credit Counseling Course no more than six (6) months before you file for bankruptcy. The cost for the counseling course is included in my fee. It can be taken online or over the phone. You will receive a link to the course with an access code. The course takes approximately two (2) hours. Married couples filing jointly take the course together. You’ll receive a completion certificate when you’re done. No need to send this completion certificate to me; I will be notified by the course provider when you complete the course.

You will be required to take a post-filing course as well. The cost for this counseling course is included in my fee as well. More on this course later.

9. Signing/Filing

I will get in touch with you to schedule the signing/filing of your petition as soon as it is ready. I will NOT schedule a signing appointment until I confirm that your petition is complete and ready for signing. The appointment needs to take place within one (1) week of my contact, or else your petition goes “stale.”

You will receive a time-stamped copy of your filed petition shortly after filing.

10a. The Automatic Stay – Generally

Once you file, your debtees must suspend all collections efforts (the automatic stay). This automatic stay usually remains in place until your unsecured debts are discharged by the bankruptcy court (chapter 7 – around four (4) months from filing; chapter 13 – between three (3) to five (5) years after filing).

10b. The Automatic Stay – Mortgages

Some home lenders (incorrectly) take the position that the automatic stay requires them to:

temporarily suspend your access to your online account;
stop sending you statements; and/or
refuse to talk to you at all (though they will talk to counsel if given authorization to do so).

Given this, do the following for all home loans BEFORE YOU FILE:

make three (3) copies of a recent statement from all home lenders; and
note when your monthly mortgage payments are due.

If your home lenders shut you out of your online accounts and/or stop sending you monthly statements, mail your monthly payments to the lenders in your own envelopes, addressed to the lenders at the addresses on the statements. Write your loan numbers on your checks. Include copies of the recent mortgage statements with your payments.

Immediately after you file, I will send your home lenders a letter requesting that they resume sending you statements and that they unfreeze all frozen online accounts. Most lenders act on this letter quickly. You should only need to manually send your payments in for one (1) or two (2) months after filing. If you still aren’t receiving statements and/or don’t have online account access after two (2) months, please let me know; I will take care of it.

10c. The Automatic Stay – Car Loans/Leases

Some car lenders (incorrectly) take the position that the automatic stay requires them to:

temporarily suspend your access to your online account;
stop sending you statements; and/or
refuse to talk to you at all (though they will talk to counsel if given authorization to do so).

Given this, do the following for all car loans BEFORE YOU FILE:

make five (5) copies of a recent statement from the finance company; and
note when your monthly payments are due.

If your car lender shuts you out of your online account and/or stops sending you monthly statements, mail your monthly payment to the lender in your own envelope, addressed to the lender at the address on the statement. Write your loan number on your check. Include a copy of a recent statement with your payments.

Most car lenders will not resume sending you statements and/or unfreeze your online account until after you receive your discharge from the bankruptcy court(about four (4) months after filing). If you have received your discharge but still aren’t receiving statements and/or don’t have online account access, please let me know; I will take care of it.

11. 341 Meeting

A couple of weeks after your petition is filed, you will be called to the courthouse to offer sworn testimony to the case trustee. This is called a 341 Meeting (the section of the Bankruptcy Code that requires the meeting), or Meeting of Debtees (debtees never actually come, however).

The location of the meeting depends on where you live:

if you live in Caledonia, Chittenden, Essex, Franklin, Lamoille, Orleans, Washington, or the northern half of Addison County, then the 341 Meeting takes place in Burlington. These are the upcoming Burlington chapter 7 meeting dates: 10/10/18, 11/14/18, 12/12/18;
otherwise, the meeting will take place in Rutland. These are the upcoming Rutland chapter meeting dates: 10/5/18, 11/2/18, 12/7/18.

As long as you file your petition more than twenty-three (23) days before the soonest of the applicable above dates, the meeting in your case will take place on that date.

Your 341 Meeting will take place in the morning, unless there is an asterisk (*) following the date above, in which case the meetings start at 1pm. You will find out the exact time of your meeting shortly after filing.

I will be there with you at the 341 Meeting.

12a. Communicating with You

I’ll check in with you in the next couple of weeks, and a couple of weeks after that as well. If I don’t hear from you at all in the next six (6) weeks, I will have cause to close your file (see ¶ 10 of our hiring agreement). If I hear from you within that time period, then the clock is “reset.”

If you have not filed a bankruptcy petition within six (6) months of the date that I signed and sent you an offer for representation, that is also cause to close your file, no matter where you are at with respect to the 3-week, 1-week clock discussed in the previous paragraph. Unless I consent to a modified time-frame after this date, your file will be closed.

Reopening a file is easy. However, if your file is closed, your fee will be adjusted to reflect any changes made to the fee structure after today.

12b. Communicating with Me

I will respond to all emails and voicemails that I receive before noon on Monday-Friday on the same day. I will respond to all emails and voicemails that I receive after noon on Monday-Friday by the close of business the next day. Any emails or voicemails that I receive on Saturday will be returned by the close of business on Monday.

I will process all documents and information provided by you within one (1) week of receipt of your last submission.

If you work in the daytime and can’t call me during work hours, feel free to try me in the early evening. I usually until 7pm.

If you change your physical and/or mailing address at any time before your bankruptcy proceeding closes, you need to let me know. If you move post-petition, I’ll file the necessary paperwork with the court and send you a copy.

14a. Credit Recovery – An Overview

A chapter 13 bankruptcy will stay on your credit report for seven (7) years from the date of filing. A chapter 7 bankruptcy will stay on your credit report for ten (10) years from the date of filing. That’s the bad news. The good news is that if you take the proper steps to rebuild your credit, a chapter 7 fresh start candidate can often get a:

secured credit card right after filing;

credit repair loan right after filing;

subprime loan on a car loan about four (4) months after filing or average car loan financing about ten (10) months after filing for bankruptcy;

credit card or a personal loan once your credit score reaches the mid- to high-600’s, which typically happens between eight (8) months to fourteen (14) months after filing; and

mortgage twenty-eight (28) months after filing.

For chapter 13 fresh start candidates, the outlook is a bit more complicated, but as good as, if not better, than a chapter 7 fresh start candidate. The complicating factors are:

the longer duration of the automatic stay in chapter 13 (see #20, The Automatic Stay); and
a confirmed chapter 13 fresh start candidate must receive the court’s permission before obtaining credit during the plan period.

A confirmed chapter 13 fresh start candidate can qualify for an FHA-insured mortgage thirteen (13) months after filing, provided: 1) plan payments have been made on time; and 2) the confirmed chapter 13 fresh start candidate has received the court’s permission.

14b. Credit Recovery – Hello Budget, So Long Chaos

Sticking to a budget post-bankruptcy is the way to avoid the traps that got you stuck and led you to me. If you’re interested in taking the guesswork out of your budget, I recommend CountAbout (countabout.com). I use it for my home and office budgeting as well as my business tax accounting, and it’s great. There’s a free version, but I use the premium version ($40/year) for the automatic account downloading. And the included smartphone app is awesome.

15a. Hiring Agreement – Chapter 7

The parties to this agreement are Attorney Neil Nussbaum (Attorney or me) and ______________________________________ (Client(s) or you).

You hereby hire me to represent you in a Chapter 7 bankruptcy case to be filed in the United States Bankruptcy Court for the District of Vermont.

1. I promise to:

provide you with competent and complete representation;
zealously advocate on your behalf in and out of court;
communicate with you regularly and promptly; and
follow your decisions after detailing your options.

2. You promise to:

be truthful with me;
cooperate;
keep me informed of developments;
abide by this Agreement;
keep me advised of your current address, telephone number, and whereabouts;
provide me with all the information and documentation necessary to complete the bankruptcy process; and
review your bankruptcy papers to ensure that they are factually correct and that they disclose fully all your assets, income, expenses, and other financial information.

3. I get $XXX.

4. To do this:

analyze your financial situation;
bankruptcy-specific credit report;
render advice as to whether to file a bankruptcy petition;
pre-filing debtor education course;
prepare and file the bankruptcy petition;
prepare and file all mandatory schedules and statements;
where appropriate, prepare and file a motion for abandonment, clear title, and/or to avoid a lien on exempt property;
prepare and file motions for redemption of collateral (often a bargain if you have the dough);
negotiate and prepare reaffirmation agreements;
assist with collateral surrender;
remove garnishments;
compile and forward mandatory documentation to case trustee;
represent you at the first § 341 Meeting;
post-filing debtor education course; and
amend documents as necessary (but see 6b(a), below).

5. Ways to pay $XXX (payable to Neil Nussbaum, Trustee):

personal check (out-of-state) – received no less than fourteen (14) days before your signing/filing;
personal check (Vermont) – received no less than seven (7) days before your signing/filing;
PayPal bank transfer (NO CREDIT CARDS) to [email protected]– received no less than three (3) days before your signing/filing;
bank/cashier’s check – received no later than your signing/filing;
certified check – received no later than your signing/filing;
money order – received no later than your signing/filing; or
cash (hand-delivered only) – received no later than your signing/filing.

6a. This cost $XXX extra:

A current title search of your property in the land records of the town of xxxxxxxx, Vermont. This town uses a(n) xxxxxxx indexing system. You will receive professional certification of all current: 1) deeds of record, and 2) mortgages, liens, permits, and other encumbrances of record. The fee includes travel, vault time, title certificate, the town’s vault fee, and the copying costs ($1/page) of all land records required to be submitted to the bankruptcy trustee. NOTE – this is a bankruptcy current title certificate, not a 40-year certificate, the type that is required when purchasing or refinancing a home.

I HIGHLY recommend including this service as part of my representation, especially if you possibly have a tax, mechanic’s, or judgment lien on your property. The presence of these types of encumbrances often impacts a bankruptcy proceeding, oftentimes in ways that benefit the bankruptcy debtor. If I am not hired to perform a title search, then you will be responsible for acquiring and submitting all relevant land records for your case to me. I have attached some basic instructions on the process in case you elect to do this work yourself.

I typically issue a title certificate within three (3) weeks of receiving payment of the title search fee. If it will be longer, I will email you to let you know. Payment can be in any form, payable to Neil Nussbaum, Trustee.

Choose one:

☐ Please perform a current title search at the land records of the town in which I own real estate. I will send payment for the fee amount given in the above heading as soon as I am able; or

☐ I will search for, acquire, and produce all real estate documents required for my bankruptcy case. In doing so, I understand that you are not responsible for any liens or other encumbrances that I fail to find and/or pass along to you.

6b. These cost extra as well, but are pretty darn rare:

adding a creditor post-filing.
multiple § 341 Meetings (does not include travel time so long as I have a first § 341 Meeting for another client on the same day);
show cause hearing;
adversary or other contested proceeding;
dischargeability action; or
appeal.

Additional services will be billed at $100.00 per hour, except for (a), which is a flat fee of $100. If I see something that raises the probability of needing one or more of these services, I will let you know right away. Before collecting any post-petition fees, I will apply with the bankruptcy court for approval. Payment can be in any form, payable to Neil Nussbaum, Trustee.

7. The court gets $335: You may pay this fee either of two (2) ways, at your election:

Pay the filing fee in four (4) monthly installments of $83.75, paid directly to the Bankruptcy Court. The first installment will be due one (1) month after your petition is filed. Bank draft/cashier’s/certified check/money order only. You will receive a payment schedule with instructions at signing. IF YOU DO NOT PAY THE INSTALLMENT FILING FEES ON TIME, YOUR CASE WILL BE DISMISSED; or
Pay the filing fee to me before you file (total fee = $X,XXX ($X,XXX with title search – see ¶ 6a, above)), payable to Neil Nussbaum, Trustee), and I will pay the filing fee to the court when I file your petition.

You are free to choose either option. However, you are bound by the option that you choose when your petition is filed.

8. It’s OK to ask for help:

You may come up with the above fees yourself or from a third party. If the source of any part of your payment is a third party, you must provide the name of the source. If any part of the funds that you use to pay the bankruptcy fees are a loan, you need to provide the lender’s address.

9. If it’s not working for you:

My fee is fully refundable until I file your bankruptcy petition, at which point the fee is earned and nonrefundable. The court filing fee is not refundable once it is submitted to the court, whether with or after filing.

10. If it’s not working for me:

I will have grounds to terminate this agreement, and may take any necessary actions to withdraw from your case, only:

with your consent;
if you have not filed a bankruptcy petition within six (6) months of the first date below; or
for good cause (not communicating with me, making it difficult for me to do my job, etc.).

11. I am prohibited by the Bankruptcy Code from advising you to (no, I’m not making this up):

incur more debt in contemplation of bankruptcy; or
pay an attorney, including yours truly, or a bankruptcy petition preparer a fee for services rendered assisting you in any way to acquire bankruptcy relief.

We accept and agree:

_____________________________ ______________________
Attorney Neil Nussbaum Date

_____________________________ ______________________
Client Date

15b. Hiring Agreement – Chapter 13

The parties to this Agreement are Attorney Neil Nussbaum (Attorney or me) and ______________________________________ (Client(s) or you).

You hereby hire me to represent you in a chapter 13 bankruptcy case to be filed in the United States Bankruptcy Court for the District of Vermont.

1. I agree to:

provide you with competent and complete representation;
zealously advocate on your behalf in and out of court;
communicate with you regularly and promptly; and
follow your decisions after detailing your options.

2. You agree to:

be truthful with me;
cooperate;
keep me informed of developments;
abide by this Agreement;
keep me advised of your current address, telephone number, and whereabouts;
provide me with all the information and documentation necessary to complete the bankruptcy process; and
review your bankruptcy papers to ensure that they are factually correct and that they disclose fully all your assets, income, expenses, and other financial information.

3. I get this:

$X,XXX. $690 is due before petition filing and the remaining $X,XXX will be paid through your Chapter 13 Plan.

4. To do this:

analyze your financial situation;
bankruptcy-specific credit report;
render advice as to whether to file a bankruptcy petition;
pre-filing debtor education course;
prepare and file the bankruptcy petition;
prepare and file all mandatory schedules and statements;
prepare and file the chapter 13 plan;
perform a current title search on U.S. real property outside of Vermont if the land records for the property are online;
negotiate and prepare reaffirmation agreements;
assist with collateral surrender;
remove garnishments;
compile and forward mandatory documentation to case trustee;
represent you at the first § 341 Meeting;
represent you at the Chapter 13 Plan Confirmation Hearing;
post-filing debtor education course;
file a valuation motion and introduce evidence as to the value of the collateral securing the subject claim when applicable;
prepare and file a motion to strip a wholly unsecured mortgage when applicable;
prepare and file a motion for entry of the discharge order; and
amend documents as necessary (but see 6b(a), below).

5. Ways to pay $XXX (Payable to Neil Nussbaum, Trustee):

personal check (out-of-state) – received no less than fourteen (14) days before your signing/filing;
personal check (Vermont) – received no less than seven (7) days before your signing/filing;
PayPal bank transfer (NO CREDIT CARDS) to [email protected]– received no less than three (3) days before your signing/filing;
bank/cashier’s check – received no later than your signing/filing;
certified check – received no later than your signing/filing;
money order – received no later than your signing/filing; or
cash (hand-delivered only) – received no later than your signing/filing.

6a. This cost $XXX extra:

Choose one:

☐ Please perform a current title search at the land records of the town in which I own real estate. I will send payment for the fee amount given in the above heading as soon as I am able; or

6b. These cost extra as well, but are pretty darn rare:

adding a creditor post-filing.
multiple § 341 Meetings (does not include travel time so long as I have a first § 341 Meeting for another client on the same day);
show cause hearing;
adversary or other contested proceeding;
dischargeability action; or
appeal.

7. The court gets this:

$310. You may pay this fee either of two (2) ways, at your election:

Pay the filing fee in four (4) monthly installments of $77.50, paid directly to the Bankruptcy Court. The first installment will be due one (1) month after your petition is filed. Bank draft/cashier’s/certified check/money order only. You will receive a payment schedule with instructions at signing. IF YOU DO NOT PAY THE INSTALLMENT FILING FEES ON TIME, YOUR CASE WILL BE DISMISSED; or
Pay the filing fee to me before you file (total fee = $X,XXX ($X,XXX with title search – see ¶ 6a, above)), payable to Neil Nussbaum, Trustee), and I will pay the filing fee to the court when I file your petition.

You are free to choose either option. However, you are bound by the option that you choose when your petition is filed.

8. It’s OK to ask for help:

9. If it’s not working for you:

10. If it’s not working for me:

I will have grounds to terminate this agreement, and may take any necessary actions to withdraw from your case, only:

with your consent;
if you have not filed a bankruptcy petition within six (6) months of the first date below; or
for good cause (not communicating with me, making it difficult for me to do my job, etc.).

11. I am prohibited by the Bankruptcy Code from advising you to (no, I’m not making this up):

incur more debt in contemplation of bankruptcy; or
pay an attorney, including yours truly, or a bankruptcy petition preparer a fee for services rendered assisting you in any way to acquire bankruptcy relief.

We accept and agree:

_____________________________ ______________________
Attorney Neil Nussbaum Date

_____________________________ ______________________
Client Date

16a. Mandatory Notice – U.S. Trustee’s Bankruptcy Information Sheet*

[* Please review this form. Your case trustee will ask you at your 341 Meeting whether you received it.]

BANKRUPTCY LAW IS A FEDERAL LAW. THIS SHEET PROVIDES YOU WITH GENERAL INFORMATION ABOUT WHAT HAPPENS IN A BANKRUPTCY CASE. THE INFORMATION HERE IS NOT COMPLETE. YOU MAY NEED LEGAL ADVICE.

WHEN YOU FILE BANKRUPTCY

You can choose the kind of bankruptcy that best meets your needs (provided you meet certain qualifications):

Chapter 7 – A trustee is appointed to represent your creditors. You can keep your property that is exempt under applicable Vermont and federal laws. Common examples of exempt property include clothes, cars, household furnishings, retirement accounts and your primary residence (homestead). If all of your assets are exempt, you can keep all of your property. Any non-exempt property of value will be sold or turned into money to pay your creditors.

Chapter 11 – This is used mostly by businesses. In chapter 11, you may continue to operate your business, but your creditors and the court must approve a plan to repay your debts. There is no trustee unless the judge decides that one is necessary; if a trustee is appointed, the trustee takes control of your business and property.

Chapter 12 – Like chapter 13, but it is only for family farmers and family fishermen.

Chapter 13 – A trustee is appointed to represent your creditors. You can keep all of your property, even if it’s non-exempt. You propose a plan to pay part of your income to your creditors. The court must approve this repayment plan and your budget. The trustee will collect the repayment plan payments from you, pay your creditors, and make sure you live up to the terms of your plan. You must earn wages or have some other source of regular income to qualify for a bankruptcy under this Chapter.

If you have already filed bankruptcy under chapter 7, you may be able to change your case to another chapter.

Your bankruptcy may be reported on your credit record for as long as ten years. It can affect your ability to receive credit in the future.

WHAT IS A BANKRUPTCY DISCHARGE AND HOW DOES IT OPERATE?

One of the reasons people file bankruptcy is to get a “discharge.” A discharge is a court order which states that you do not have to pay most of your debts. Some debts cannot be discharged. For example, you cannot discharge debts for–

most taxes;
child support;
alimony;
most student loans;
court fines and criminal restitution; and
personal injury caused by driving drunk or under the influence of drugs.

The discharge only applies to debts that arose before the date you filed. Also, if the judge finds that you received money or property by fraud, that debt may not be discharged.

It is important to list all your property and debts in your bankruptcy schedules. If you do not list a debt, for example, it is possible the debt will not be discharged. The judge can also deny your discharge if you do something dishonest in connection with your bankruptcy case, such as destroy or hide property, falsify records, or lie, or if you disobey a court order.

You can only receive a chapter 7 discharge once every eight years. Other rules may apply if you previously received a discharge in a chapter 13 case. No one can make you pay a debt that has been discharged, but you can voluntarily pay any debt you wish to pay. You do not have to sign a reaffirmation agreement (see below) or any other kind of document to do this.

Some creditors hold a secured claim (for example, the bank that holds the mortgage on your house or the loan company that has a lien on your car). You do not have to pay a secured claim if the debt is discharged, but the creditor can still take the property.

WHAT IS A REAFFIRMATION AGREEMENT?

Even if a debt can be discharged, you may have special reasons why you want to promise to pay it. For example, you may want to work out a plan with the bank to keep your car. To promise to pay that debt, you must sign and file a reaffirmation agreement with the court. Reaffirmation agreements are under special rules and are voluntary. They are not required by bankruptcy law or by any other law. Reaffirmation agreements–

must be voluntary;
must not place too heavy a burden on you or your family;
must be in your best interest; and
can be canceled any time before the court issues your discharge or within 60 days after the agreement is filed with the court, whichever gives you the most time.

If you are an individual and you are not represented by an attorney, the court must hold a hearing to decide whether to approve the reaffirmation agreement. The agreement will not be legally binding until the court approves it.

If you reaffirm a debt and then fail to pay it, you owe the debt the same as though there was no bankruptcy. The debt will not be discharged and the creditor can take action to recover any property on which it has a lien or mortgage. The creditor can also take legal action to recover a judgment against you.

IF YOU WANT MORE INFORMATION OR HAVE ANY QUESTIONS ABOUT HOW THE BANKRUPTCY LAWS AFFECT YOU, YOU MAY NEED LEGAL ADVICE. THE TRUSTEE IN YOUR CASE IS NOT RESPONSIBLE FOR GIVING YOU LEGAL ADVICE.

Text Revised 10/05

16b. Mandatory Notice – § 342(b)/§ 527(a)(1)*

[* Please review this form. A copy of it will be included in your filed petition.]

PURPOSES, BENEFITS AND COSTS OF BANKRUPTCY

The United States Constitution provides a method whereby individuals, burdened by excessive debt can obtain a “fresh start” and pursue productive lives unimpaired by fast financial problems. It is an important alternative for persons strapped with more debt and stress than they can handle.

The federal bankruptcy laws were enacted to provide good, honest, hard-working debtors with a fresh start and to establish a ranking and equity amount all the creditors clamoring for the debt’s limited resources.

Bankruptcy helps people avoid the kind of permanent discouragement that can prevent them from ever re-establishing themselves as hard-working members of society.

To the extent that there may be money or property available for distribution to creditors, creditors are ranked to make sure that money or property is fairly distributed according to established rules as to which creditors get what.

This discussion is intended only as a brief overview of the types of bankruptcy filings of what a bankruptcy filing can and cannot do. No one should base their decision as to whether or not to file bankruptcy solely on this information. Bankruptcy law is complex, and there are many considerations that must be taken into account in making the determination whether or not to file. Anyone considering bankruptcy is encouraged to make no decision about bankruptcy without seeking the advice and assistance of an experienced attorney who practices nothing but bankruptcy law.

Types of Bankruptcy

The Bankruptcy Code is divided into chapters. The chapters which almost always apply to consumer debtors are chapter 7, known as a “straight bankruptcy”, and chapter 13, which involves an affordable plan of repayment.

An important feature applicable to all types of bankruptcy filings is the automatic stay. The automatic stay means that the mere request for bankruptcy protection automatically stops and brings to a grinding halt most lawsuits, repossessions, foreclosures, evictions, garnishments, attachments, utility shut-offs, and debt collection harassment. It offers debtors a breathing spell by giving the debtor and the trustee assigned to the case time to review the situation and develop an appropriate plan. In most circumstances, creditors cannot take any further action against the debtor of the property without permission from the bankruptcy court.

Chapter 7

In a chapter 7 case, the bankruptcy court appoints a trustee to examine the debtor’s assets to determine if there are any assets not protected by available “exemptions”. Exemptions are laws that allow a debtor to keep, and not part with, certain types and amount of money and property. For example, exemption laws allows a debtor to protect a certain amount of equity in the debtor’s residence, motor vehicle, household goods, life insurance, health aids, retirement plans, specified future earnings such as social security benefits, child support, and alimony, and certain other types of personal property. If there is any non-exempt property it is the Trustee’s job to sell it and to distribute the proceeds among the unsecured creditors. Although a liquidation case can rarely help with secured debt (the secured credit still has the right to repossess the collateral if the debtor falls behind in the monthly payments), the debtor will be discharged from the legal obligation to pay unsecured debts such as credit card debts, medical bills and utility arrearages. However, certain types of unsecured debt are allowed special treatment and cannot be discharged. These include some student loans, alimony, child support, criminal fines, and some taxes.

In addition to attorney fees, there is a filing fee in the amount of $335 that must be paid to the bankruptcy court.

Chapter 11

By and large, chapter 11 is a type of bankruptcy reserved for large corporate reorganizations. Chapter 11 shares many of the qualities of a chapter 13, but tends to involve much more complexity on a much larger scale.

However, since chapter 11 does not usually pertain to individuals whose debts are primarily consumer debts, further information about chapter 11 will be provided by reference to the following resource: The “Bankruptcy Basics” brochure prepared by the Administrative Office of the United States Courts, dated June 2000, and which can be accessed over the internet visiting the following website: www.uscourts.gov/bankruptcycourts.html.

Chapter 12

Chapter 12 of the Bankruptcy Code was enacted by Congress in 1986, specifically to meet the needs of financially distressed family farmers. The primary purpose of this legislation was to give family farmers facing bankruptcy a chance to reorganize their debts and keep their farms. However, as with chapter 11, since chapter 12 does not usually pertain to individuals whose debts are primarily consumer debts, further information about chapter 12 will be provided by reference to the same “Bankruptcy Basics” brochure referred to above, which can be accessed over the internet at the same said website as mentioned for chapter 11.

Chapter 13

In a chapter 13 case, the debtor puts forward a plan, following the rules set forth in the bankruptcy laws, to repay certain creditors over a period of time, usually from future income. A chapter 13 case may be advantageous in that the debtor is allowed to get caught up on mortgages or car loans without the threat of foreclosure or repossession, and is allowed to keep both exempt and nonexempt property. The debtor’s plan is a document outlining to the bankruptcy court how the debtor proposes to dispose of the claims of the debtor’s creditors. The debtor’s property is protected from seizure of creditors, including mortgage and other lien holders, as long as the proposed payments are made and necessary insurance coverages remain in place. the plan generally requires monthly payments to the bankruptcy trustee over a period of three to five years. Arrangements can be made to have these payments made automatically through payroll deductions.

In addition to attorney fees, there is a filing fee of $310 that must be paid to the bankruptcy court.

What Bankruptcy Can and Cannot Do

Bankruptcy may make it possible for financially distress individuals to:

Discharge liability for most or all of their debts and get a fresh start. When the debt is discharged, the debtor has no further legal obligation to pay the debt.
Stop foreclosure actions on their home and allow them an opportunity to catch up on missed payments.
Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
Stop wage garnishment and other debt collection harassment, and give the individual some breathing room.
Restore or prevent termination of certain types of utility service.
Lower the monthly payments and interest rates on debts, including secured debts such as car loans.
Allow debtors an opportunity to challenge the claims of certain creditors who have committed fraud or who are otherwise seeking to collect more than they are legally entitled to.

Bankruptcy, however, cannot cure every financial problem. It is usually not possible to:

Eliminate certain rights of secured creditors. Although a debt can force secured creditors to take payments over time in the bankruptcy process, a debtor generally cannot keep the collateral unless the debtor continues to pay the debt.
Discharge types of debts singled out by the federal bankruptcy statutes for special treatment, such as child support, alimony, student loans, certain court ordered payments, criminal fines, and some taxes.
Protect all cosigners on their debts. If a relative or friend co-signed a loan which the debtor discharged in bankruptcy, the consigner may still be obligated to repay whatever part of the loan not paid during the pendency of the bankruptcy case.
Discharge debts that are incurred after bankruptcy has been filed.

Bankruptcy’s Effects on Your Credit

By federal law, a bankruptcy can remain on part of the debtor’s credit history for 10 years. Whether or not the debt will be granted credit in the future is unpredictable, and probably depends more on what good things the debtor does in the nature of keeping a job, saving money, making timely payments on secured debts, etc., than the fact that the debtor filed bankruptcy.

In some cases it may actually be easier to obtain future credit after bankruptcy, because new creditors may feel that since the old obligations have been discharged, they will be first in line. They also recognize that the debtor cannot file bankruptcy for at least the next four years in the case of chapter 13 or eight years in the case of chapter 7. The truth is that if a debtor cannot pay his or her bills, and the debtor’s credit is already ruined or exhausted, filing bankruptcy can actually be an important first step in rebuilding credit.

Services Available from Credit Counseling Agencies

If you’re not disciplined enough to create a workable budget and stick to it, can’t work out a repayment plan with your creditors, can’t keep tracking of mounting bills, or need more help with your debts than can be achieved by merely having a few of your unsecured creditors lower your interest rates somewhat, it makes NO sense to consider contacting a credit counseling organization.

If, on the other hand, you meet all of those criteria, there are many credit counseling organizations that are nonprofit that will work with you to solve your financial problems.

But by aware that, just because an organization says it’s “nonprofit”, there’s no guarantee that its services are free, affordable, or even legitimate. In fact, some credit counseling organizations charge high fees, which may be hidden, urge consumers to make “voluntary” contributions that can cause more debt, urge consumers to enter “debt repayment plans” they simply cannot afford.

Most credit counselors offer services through local offices, the Internet, or on the telephone. If possible, it is probably best to find an organization that offers in-person counseling. Many universities, military bases, credit unions, housing authorities, and branches of the U.S. Cooperative Extension Service operate nonprofit credit counseling programs. Your financial institution, local consumer protection agency, and friends and family also may be good sources of information and referrals.

Reputable credit counseling organizations can advise you on managing your money and debts, help you develop a budget, and offer free educational materials and workshops. Their counselors are certified and trained in the areas of consumer credit, money and debt management, and budgeting. Legitimate counselors will discuss your entire financial situation with you, and help you develop a personalized plan to solve your money problems. An initial counseling session typically lasts an hour, with an offer to follow-up sessions.

If your financial problems stem from too much debt or inability to repay your debts, a credit counseling agency may recommend that you enroll in what is know as a “debt management plan” or “DMP”. A DMP alone is not credit counseling, and DMPs are not for everyone. You should sign up for one of these plans only after a certified credit counselor has spent time thoroughly reviewing your financial situation, has offered you customized advise on managing your money, and has analyzed your budge to make sure that the proposed DMP is one you can afford. However, remember that all organizations that promote DPM’s fund themselves in part through kickbacks from the creditors involved, which are called “fair share”, so you have to be wary as to whose best interest the counselor has in mind. Even if a DMP is not appropriate for you, a reputable credit counseling organization still can help you create a budget and teach you money management skills.

In a DMP, you deposit money each month with the credit counseling organization, which uses your deposits to pay your unsecured debts, like your credit card bills and medical bills, according to a payment schedule the counselor develops with your creditors. Your creditors may agree to lower your interest rates or waive certain fees, but it’s always best to check with all your creditors, just to make sure they offer the concessions that a credit counseling organization is promising you. A successful DMP requires you to make regular, timely payments, and could take 48 months or more to complete. Ask the credit counselor to estimate how long it will take for you to complete the plan. You may have to agree not to apply — or us — any additional credit while you’re participating in the plan, and a DMP is absolutely useless if your problems stem from or involve your secured creditors holding your car, truck or home as collateral. DMP’s are also useless if your problems stem from alimony, child support or overdue taxes.

The bottom line is this: If all you need is a little lowering of your interest rates on some unsecured dates, a DMP might be the answer. However, if what you really need is to reduce the amount of your debt, bankruptcy may be the only solution.

Fraud & Concealment Prohibited

If you decide to file bankruptcy, it is important that you understand the following:

Some or all of the information you provide in connection with your bankruptcy will be filed with the bankruptcy court on forms or documents that you will be required to sign and declare true under penalty of perjury.
A person who knowingly and fraudulently conceals assets or makes false oath or statement under penalty of perjury in connection with a bankruptcy case shall be subject to fine, imprisonment, or both.
All information you provide in connection with your bankruptcy case is subjection to examination by the U.S. Attorney General.

16c. Mandatory Notice – § 527(a)(2)

[Please Note: I am required to provide you with this notice by legislation that was adopted in 2005 after intense lobbying by the credit industry. In my opinion the purpose of this notice, which assumes the worst about people, is to intimidate those in need of debt relief. Please rest assured, so long as you are honest and meet the requirements set out under the law, you are entitled to debt relief. I can guide you through all the requirements of filing bankruptcy, so long as you provide me with accurate and complete information.]

NOTICE

You are notified as follows:

All information that you are required to provide with the filing of your case and thereafter, while your case is pending, must be complete, accurate and truthful.
All your assets and all your liabilities must be completely and accurately disclosed in the documents filed to commence your case.
Some places in the bankruptcy code require you to determine and list the replacement value of an asset, as for instance a car, or furniture. When replacement value is required, it means the replacement value, established after reasonable inquiry, as of the date of the filing of your bankruptcy case, without deductions for costs of sale or marketing. With respect to property acquired for personal, family or household purposes, replacement value means the price retail merchant would charge for “used” property of that kind considering the age and condition of the property.
Before your case can be filed, it is subject to “Means Testing”. The Means Test was designed to determine whether or not you qualify to file a case under chapter 7 of the Bankruptcy Code and if not, how much you need to pay your unsecured creditors in a chapter 13 case. For purposes of means test, you must state, after reasonable inquiry, your total current monthly income, the amount of all expenses as specified and allowed pursuant to Section 707(b)(2) of the Bankruptcy Code, and if the plan is to file you a chapter 13 case, you must state, again after reasonable inquiry, your disposable income, as the term is defined.
Information you provide during your case may be audited pursuant to the provisions of the Bankruptcy Code. Your failure to provide complete, accurate and truthful information may result in the dismissal of your case or other sanctions, including criminal sanctions.

16d. Mandatory Notice – § 527(b)

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES

If you decide to seek bankruptcy relief, you can represent yourself, you can hire bankruptcy attorney Neil L. Nussbaum or another 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 ATTORNEYS AND BANKRUPTCY PETITION PREPARERS 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. You can find a sample of Attorney Nussbaum’s chapter 7 hiring agreement at #15a. You can find a sample of Attorney Nussbaum’s chapter 13 hiring agreement at #15b. You can find Attorney Nussbaum’s fee at the “Fees and Discounts” section of this website.

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 three (3) to five (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 attorneys, not bankruptcy petition preparers, can give you legal advice.

Free Vermont Attorney Consultations – 100% Free & Confidential – (888) 350-5349

No fee until you file. Get the help you deserve and are entitled to. Get Started – call now!