Federal law mandates that Law Firm make the following disclosure to Client. This does not mean that Client will be filing bankruptcy or that bankruptcy is necessarily the right option for Client's circumstances.
Under 11 U.S.C. 527 (a)(2) Disclosure, Law Firm, is a "debt relief agency" as described in the Federal Bankruptcy Code. Law Firm helps people file for Bankruptcy relief under the Bankruptcy Code. Client must read and understand the following disclosure.
Client understands that Law Firm, by providing this Notice, is not offering to provide Client with legal services relating to Bankruptcy or with any other Bankruptcy assistance with this Notice.
All information that Client is required to provide with a Bankruptcy Petition and during a Bankruptcy case is required to be complete, accurate, and truthful.
All assets and liabilities are required to be completely and accurately disclosed in the documents filed to commence Client's case. The replacement value of each asset must be stated in the documents. The replacement value fo the Client's assets is defined in the Bankruptcy Code as the replacement value of the property as of the date of the filing of Client's Petition, without deduction for the costs of selling it or marketing it. For Client's personal, family or household property, replacement value as defined in the Bankruptcy Code means the price that a retail merchant would charge for property of the same kind, considering the age and condition of the property at the time its value is determined. It is Client's obligation to make a reasonable inquiry to establish the replacement value of the property.
Client's currently monthly income must be stated after reasonable inquiry. The Bankruptcy Code also requires that Client provide additional information about monthly income. Client must provide the additional information about monthly income. Client must provide the additional information set forth in section 707(b)(2). And if Client's case is filed under Chapter 13, Client must provide the additional disposable income information set forth in section 707(b)(2) along with this Notice.
Information that Client provides during the Bankruptcy case may be audited pursuant to the Bankruptcy Code. If Client fails to provide this information, the case may be dismissed or the Court may impose other sanctions, including criminal sanctions.
527(b) Disclosure Notice
Important information about bankruptcy assistance services from an attorney or bankruptcy petition preparer:
If Client decides to seek relief, Client can represent themselves, hire an attorney, or 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 Client a written contract specifying what the attorney or bankruptcy preparer will do and how much it will cost.
The following information helps Client understand what must be done in a routine bankruptcy case to help Client evaluate how much service is needed. Although bankruptcy can be complex, many cases are routine.
Before filing a bankruptcy case, either Client or attorney should analyze eligibility for different forms of debt relief available under the Bankruptcy code and which form of relief is most likely to be beneficial for Client. Be sure to understand the potential relief obtained 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 needs to be prepared correctly and filed with the bankruptcy court. Client will have to pay a filing fee to the bankruptcy court. Once the case starts, Client will have to attend the required first meeting of creditors where Client may be questioned by a court official called a 'trustee' and by creditors.
If Client chooses to file a Chapter 7 case, Client may be asked by a creditor to reaffirm debt. Client may want help deciding whether to do so. A creditor is not permitted to coerce anyone into reaffirming their debts.
If Client chooses to file a Chapter 13 case, in which Client repays creditors what they can afford over 5 years, Client may also want help with preparing a Chapter 13 plan and with the confirmation hearing on the plan which will be before a bankruptcy judge.
If Client selects another type of relief under the Bankruptcy Code other than Chapter 7 or Chapter 13, Client will want to find out what should be done from someone familiar with that.
Client's bankruptcy case may also involve litigation. Client is generally permitted to represent themselves in litigation in bankruptcy court, but only attorneys, not bankruptcy petition preparers, can give legal advice.
Financial Relief Law Center Privacy Policy
Financial Relief Law Center ("Law Center") is dedicated to protecting Client's privacy and providing Client with the highest level of service. This Policy explains what Law Center does to keep information about Client private and secure. This Policy covers only information that Client provides to Law Center or that Law Center obtains about Client from companies that Client has chosen to do business with. Please read this Policy carefully and contact Law Center if Client has any questions.
Personal Information Law Center Collects
The personal information Law Center collects about Client comes from the following sources:
Information Law Center receives from Client, such as Client's name, address and telephone number, or other information that Client provides to Law Center over the phone in documents or applications.
Information about Client's transactions, such as Client's account balances with Client's creditors, payment histories, account activity, and all other information that may be contained in Client's credit card statements or other reports relating to Client's debt.
Information Law Center receives from consumer reporting agencies and other sources, such as Client's credit bureau reports, collection agency reports or other communications, and other information relating to Client's payment histories, creditworthiness, annual income, or ability to satisfy Client's obligations.
Law Center reserves the right to transfer Client's personal information to third parties for any purpose at Law Center's sole discretion. Law Center may disclose such information in order to effect or carry out any transaction that Client has requested of Law Center or as necessary to complete Law Center's contractual obligations with Client. Law Center may also share Client's information with service providers that perform business operations for Law Center or others only as permitted or required by law, such as to protect against fraud or in response to a subpoena. Law Center may also share or transfer Client's information in the event Law Center transfers or sells Client's account or Law Center's business assets to another provider.
By carrying out those services, Law Center may disclose Client's information, as Law Center sees fit and as permitted by law, to Client's creditors, credit care companies, collection agencies, banks, and other entities and individuals specifically necessary to affect, administer and perform Law Center services.
How Law Center Protects Client's Information
Law Center employees are trained to protect all Client information. Law Center maintains physical, electronic and procedural controls that comply with government standards. Law Center's employees, agents, and contractors are authorized to get information about Client only when needed to complete work. Client can help to maintain the security of Client only transactions by not sharing Client's personal information or passwords with anyone. Remember, no method of transmission over the Internet, or method of electronic storage, is 100% secure.
If Client has any questions, please contact Financial Relief Law Center at the following physical address:
Financial Relief Law Center, APC
330 Harbor Blvd.
Costa Mesa, CA 92626
Telephone: (866) 300-4023
Facsimile: (714) 361-5397
Email: customerservice@lawcenter.com
Website:www.lawcenter.com
The Fair Debt Collection Practices Act (FDCPA) Information
Summary of The Fair Debt Collection Practices Act from The Federal Trade Commission
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm
About Debt Collection
If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector." You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe.
What debts are covered?
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care or for credit cards.
Who is a debt collector?
A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts for creditors.
How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.
Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.
May a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.
May a debt collector continue to contact you if you believe you do not owe money?
A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
What types of debt collection practices are prohibited?
1. Harassment - Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, debt collectors may not:
- Use threats of violence or harm
- Publish a list of consumers who refuse to pay their debts (except to a credit bureau)
- Use obscene or profane language
- Repeatedly use the telephone to annoy someone
2. False statements - Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:
- Falsely imply that they are attorneys or government representatives
- Falsely imply that you have committed a crime
- Falsely represent that they operate or work for a credit bureau
- Misrepresent the amount of your debt
- Indicate that papers being sent to you are legal forms when they are not
- Indicate that papers being sent to you are not legal forms when they are
Debt collectors also may not state that:
- You will be arrested if you do not pay your debt
- They will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so.
- Actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action
Debt collectors may not:
- Give false credit information about you to anyone, including a credit bureau or use a false name
- Send you anything that looks like an official document from a court or government agency when it is not
Unfair practices:
Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
- Collect any amount greater than your debt, unless your state law permits such a charge
- Deposit a post-dated check prematurely
- Use deception to make you accept collect calls or pay for telegrams
- Take or threaten to take your property unless it can be done legally
- Contact you by postcard
What control do you have over payment of debts?
If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.
What can you do if you believe a debt collector violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney's fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector's net worth, whichever is less.
Where can you report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General's office and theFederal Trade Commission. Many states have their own debt collection laws, and your Attorney General's office can help you determine your rights.
