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Voluntary Chapter 7 Bankruptcy Filings for Pro Se Litigants (from $250.00)
Posted:
Friday, May 10, 2013 6:16 AM
Reply: click here
* plus applicable filing fees
DOCPREP PARALEGAL SERVICES
(347) 840-4114
(212) 656-1788 Fax
26 Court Street, Suite 314
Brooklyn, NY 11242
EMAIL: DocPrepParalegal@yahoo.com
DOCPREP Paralegal Services, recently rate number 1 paralegal service in New York City according to Thumbtack, can draft and prepare your Voluntary Chapter 7 Bankruptcy Petition. Fees are based on a sliding scale based on amount of debt, and complexity of assets. Call for details.
I. Credit Reports
We are now able to order credit reports from Transunion Credit Bureau for clients, to insure that all creditors are listed on the bankruptcy case. The fee for this is $35.00* which is not included in thefee quoted above. This fee would need to be paid prior to ordering the credit reports, by signing an authorization, you consent to DOCPREP pulling your report for our office. Whether or not we pull your credit report, you are still required to list creditors you owe on our forms to help insure that everyone is listed. You should provide DPS with all addresses the creditor has provided to you within the last three months (90 days), or as many of such addresses as you have available. Additionally, complete addresses for all collection agencies must be listed as well as the address for the original creditor. This information should be available on the monthly statements from the creditors or from letters from collection agencies. If the creditor has shown an address for correspondence (as opposed to a billing address), the correspondence address must also be listed. This office will not look up any addresses for any creditors on your behalf, you are responsible for providing the creditors addresses, failure to do so will result in your debt not being discharged.
II. Valuation of assets
The questionnaire provided will ask you to value your property. Federal law requires you to value the property at replacement value. If you would replace the property by purchasing other similar used property at a flea market, pawn shop, garage sale or from e-bay, then you should value the property at what you would expect to pay for items in a similar condition at a flea market, pawn shop, garage sale or from e-bay. If you would replace the item new, then you are required to list the price of what the item would cost when purchased new. Failure to adequately list all of your property and the correct values could result in Federal Criminal Charges being filed by the Office of the Trustee, denial of your discharge, sanctions or other action.
III. Income and Expenses
The questionnaire will request that you provide information regarding your income and expenses. You are required to bring payroll records showing your income for the last six months (6), as your income will usually be considered to be an average of your income for the last six months. DPS will adjust the income and expense figures as required under Federal Bankruptcy Law to show net available income and expenses for purposes of determining which bankruptcy you file and the money, if any, available for the chapter 7.
IV. Changes, additions or deletions.
If the client wishes to change information on the petition after it has been typed, if the item changed is different than listed on the questionnaire, then there will be additional charges for such changes. The court's filing fee for changing the address of creditors or adding creditors still must be paid prior to the filing of such change. Therefore, it is important that the client list all information on the questionnaire correctly, and list complete addresses for all potential creditors as well as any collection agencies or attorneys on the initial questionnaire. The client should review the petition before it is filed, and make any corrections at that time. It is very important that all creditors and all assets be listed on the petition. This includes the address of the creditor, and separate addresses for any collection agents or attorneys. Any companies through which anything or any property is leased must be listed. If, for any reason, a creditor is not on the petition filed with the court, or if the address for the creditor is incorrect, that debt may not be eliminated by the bankruptcy.
V. Conversion
If the client wishes to convert the case to another chapter after it has been filed, there will be an additional fee required before the conversion can be filed. Fee arrangements for the conversion must be made at the time of the conversion. The client should discuss any conversion with an Attorney prior to filing, to determine whether there would be any advantage in converting the case.
Please be advised DPS cannot give legal advice regarding conversion. A written contract for the new chapter must be entered into prior to any conversion. DPS may suggest that the Client has option to withdraw from the case, rather then convert it. Rule s 9011 and 707 put additional liabilities against the attorney for the Debtor's actions in a Chapter 7. It is important to be honest with DPS in all matters. If DPS finds things that there is a fraudulent reason for the transfer, DPS reserves the right, and will likely withdraw from the case, for DPS's own protection, however, the New York State Rules of Professional Responsibility and the Code of Legal Ethics protect the client from DPS disclosing the fraud to the court while acting as legal assistant. Please be advised this is not the same as Attorney-Client privilege.
VI. Lien Avoidance
If when you borrowed money from a creditor, and received a judgment against you, the creditor may have filed a lien on your assets. If you have a creditor that has such a lien, you need to mail a copy of the lien to DPS, along with a copy of a bill or other document from the creditor showing the complete name of the creditor. It is your responsibility to obtain these documents and bring them to DPS.
Alternatively, the client may either continue paying that debt to the creditor, or may take the risk that the creditor will show up later to repossess the items. If a creditor has a judgment against the client, and that judgment has been recorded in the county court public records, then DPS may be able to file a motion to eliminate this lien from the property. If any suits were filed against the client that went to final judgment, the client should check the county court records to see if the judgment is recorded, and if so, should make a copy of it from the property records and set an appointment with the DPS to bring that copy to the office. This motion should be filed within the first month of the bankruptcy. It is your responsibility to obtain these documents and bring them to DPS.
VII.Stay Litigation
If the client wishes to keep any items securing a loan (including real estate securing a mortgage or car loans), the client must either file a lien avoidance; or keep making the payments on the loan. If the client does not keep making the payments and does not file any other motion, the creditor may file a 'motion for relief from stay' with the court. This motion is requesting that the court allow the creditor to repossess the items securing its loan. Unless the client is able to immediately catch up the payments on the loan, the court will allow the creditor to repossess the items.
X. Missed Hearing
There will be a meeting of creditors about one month after the bankruptcy is filed. The client will receive a notice from the court giving the time and date of this hearing. This notice should be received between one and two weeks after the case is filed. If the client does not receive such notice within three weeks after the case is filed, the client should call DPS or the bankruptcy court to get the time and date of this meeting. The client must attend the meeting of creditors (if the case is filed jointly by husband and wife, both must attend the meeting. If the client does not appear at the meeting, then the case may be dismissed. PLEASE BE ADVISED there is additional charge if you miss the hearing and we have to reschedule your hearing or 341 meeting.
XI. Reaffirmation
Some creditors may request that the client sign a Reaffirmation Agreement. This agreement allows the creditor to sue the client for the debt despite the bankruptcy. While creditors may orally promise to allow the client to keep a credit card or improve the credit report, unless these promises are in writing, they are no good. DPS almost always recommends against signing the agreements as to unsecured creditors in that they do more harm than good to the client. DPS cannot and will not sign any unsecured reaffirmation agreements, and if the Client does so, they will be required to go to a Court hearing for approval. The issue as to secured creditors seldom arises in chapter 7 cases. Unless noted to the contrary, the Court will not notify the client when a creditor requests a reaffirmation of a debt. Client will be responsible for any reaffirmation agreement on a credit card, unsecured debt, car furniture, or a home in which you are upside down on, a hearing will be required.
*********************DISCLAIMER*****************
IT IS CLEARLY STATED AND UNDERSTOOD that DOCPREP Paralegal Services and it's employees cannot give legal advice or provide legal representation in court. DPS is not a law firm or a substitute for an attorney. Services provided are not intended to create an attorney-client relationship. The primary purpose (among others) of the services provided by DPS are to assist you in preparing your documents for filing as Pro Se (representing yourself) and the filing of those documents in court if needed. If an attorney is needed in your legal matter, DPS recommends you contact our In-House attorney (George M. Gilmer), or your state's local bar association. DPS prides itself with providing quality legal assistance, but DPS cannot and does not guarantee the outcome of any legal matter worked on.
DOCPREP PARALEGAL SERVICES
(347) 840-4114
(212) 656-1788 Fax
26 Court Street, Suite 314
Brooklyn, NY 11242
EMAIL: DocPrepParalegal@yahoo.com
DOCPREP Paralegal Services, recently rate number 1 paralegal service in New York City according to Thumbtack, can draft and prepare your Voluntary Chapter 7 Bankruptcy Petition. Fees are based on a sliding scale based on amount of debt, and complexity of assets. Call for details.
I. Credit Reports
We are now able to order credit reports from Transunion Credit Bureau for clients, to insure that all creditors are listed on the bankruptcy case. The fee for this is $35.00* which is not included in thefee quoted above. This fee would need to be paid prior to ordering the credit reports, by signing an authorization, you consent to DOCPREP pulling your report for our office. Whether or not we pull your credit report, you are still required to list creditors you owe on our forms to help insure that everyone is listed. You should provide DPS with all addresses the creditor has provided to you within the last three months (90 days), or as many of such addresses as you have available. Additionally, complete addresses for all collection agencies must be listed as well as the address for the original creditor. This information should be available on the monthly statements from the creditors or from letters from collection agencies. If the creditor has shown an address for correspondence (as opposed to a billing address), the correspondence address must also be listed. This office will not look up any addresses for any creditors on your behalf, you are responsible for providing the creditors addresses, failure to do so will result in your debt not being discharged.
II. Valuation of assets
The questionnaire provided will ask you to value your property. Federal law requires you to value the property at replacement value. If you would replace the property by purchasing other similar used property at a flea market, pawn shop, garage sale or from e-bay, then you should value the property at what you would expect to pay for items in a similar condition at a flea market, pawn shop, garage sale or from e-bay. If you would replace the item new, then you are required to list the price of what the item would cost when purchased new. Failure to adequately list all of your property and the correct values could result in Federal Criminal Charges being filed by the Office of the Trustee, denial of your discharge, sanctions or other action.
III. Income and Expenses
The questionnaire will request that you provide information regarding your income and expenses. You are required to bring payroll records showing your income for the last six months (6), as your income will usually be considered to be an average of your income for the last six months. DPS will adjust the income and expense figures as required under Federal Bankruptcy Law to show net available income and expenses for purposes of determining which bankruptcy you file and the money, if any, available for the chapter 7.
IV. Changes, additions or deletions.
If the client wishes to change information on the petition after it has been typed, if the item changed is different than listed on the questionnaire, then there will be additional charges for such changes. The court's filing fee for changing the address of creditors or adding creditors still must be paid prior to the filing of such change. Therefore, it is important that the client list all information on the questionnaire correctly, and list complete addresses for all potential creditors as well as any collection agencies or attorneys on the initial questionnaire. The client should review the petition before it is filed, and make any corrections at that time. It is very important that all creditors and all assets be listed on the petition. This includes the address of the creditor, and separate addresses for any collection agents or attorneys. Any companies through which anything or any property is leased must be listed. If, for any reason, a creditor is not on the petition filed with the court, or if the address for the creditor is incorrect, that debt may not be eliminated by the bankruptcy.
V. Conversion
If the client wishes to convert the case to another chapter after it has been filed, there will be an additional fee required before the conversion can be filed. Fee arrangements for the conversion must be made at the time of the conversion. The client should discuss any conversion with an Attorney prior to filing, to determine whether there would be any advantage in converting the case.
Please be advised DPS cannot give legal advice regarding conversion. A written contract for the new chapter must be entered into prior to any conversion. DPS may suggest that the Client has option to withdraw from the case, rather then convert it. Rule s 9011 and 707 put additional liabilities against the attorney for the Debtor's actions in a Chapter 7. It is important to be honest with DPS in all matters. If DPS finds things that there is a fraudulent reason for the transfer, DPS reserves the right, and will likely withdraw from the case, for DPS's own protection, however, the New York State Rules of Professional Responsibility and the Code of Legal Ethics protect the client from DPS disclosing the fraud to the court while acting as legal assistant. Please be advised this is not the same as Attorney-Client privilege.
VI. Lien Avoidance
If when you borrowed money from a creditor, and received a judgment against you, the creditor may have filed a lien on your assets. If you have a creditor that has such a lien, you need to mail a copy of the lien to DPS, along with a copy of a bill or other document from the creditor showing the complete name of the creditor. It is your responsibility to obtain these documents and bring them to DPS.
Alternatively, the client may either continue paying that debt to the creditor, or may take the risk that the creditor will show up later to repossess the items. If a creditor has a judgment against the client, and that judgment has been recorded in the county court public records, then DPS may be able to file a motion to eliminate this lien from the property. If any suits were filed against the client that went to final judgment, the client should check the county court records to see if the judgment is recorded, and if so, should make a copy of it from the property records and set an appointment with the DPS to bring that copy to the office. This motion should be filed within the first month of the bankruptcy. It is your responsibility to obtain these documents and bring them to DPS.
VII.Stay Litigation
If the client wishes to keep any items securing a loan (including real estate securing a mortgage or car loans), the client must either file a lien avoidance; or keep making the payments on the loan. If the client does not keep making the payments and does not file any other motion, the creditor may file a 'motion for relief from stay' with the court. This motion is requesting that the court allow the creditor to repossess the items securing its loan. Unless the client is able to immediately catch up the payments on the loan, the court will allow the creditor to repossess the items.
X. Missed Hearing
There will be a meeting of creditors about one month after the bankruptcy is filed. The client will receive a notice from the court giving the time and date of this hearing. This notice should be received between one and two weeks after the case is filed. If the client does not receive such notice within three weeks after the case is filed, the client should call DPS or the bankruptcy court to get the time and date of this meeting. The client must attend the meeting of creditors (if the case is filed jointly by husband and wife, both must attend the meeting. If the client does not appear at the meeting, then the case may be dismissed. PLEASE BE ADVISED there is additional charge if you miss the hearing and we have to reschedule your hearing or 341 meeting.
XI. Reaffirmation
Some creditors may request that the client sign a Reaffirmation Agreement. This agreement allows the creditor to sue the client for the debt despite the bankruptcy. While creditors may orally promise to allow the client to keep a credit card or improve the credit report, unless these promises are in writing, they are no good. DPS almost always recommends against signing the agreements as to unsecured creditors in that they do more harm than good to the client. DPS cannot and will not sign any unsecured reaffirmation agreements, and if the Client does so, they will be required to go to a Court hearing for approval. The issue as to secured creditors seldom arises in chapter 7 cases. Unless noted to the contrary, the Court will not notify the client when a creditor requests a reaffirmation of a debt. Client will be responsible for any reaffirmation agreement on a credit card, unsecured debt, car furniture, or a home in which you are upside down on, a hearing will be required.
*********************DISCLAIMER*****************
IT IS CLEARLY STATED AND UNDERSTOOD that DOCPREP Paralegal Services and it's employees cannot give legal advice or provide legal representation in court. DPS is not a law firm or a substitute for an attorney. Services provided are not intended to create an attorney-client relationship. The primary purpose (among others) of the services provided by DPS are to assist you in preparing your documents for filing as Pro Se (representing yourself) and the filing of those documents in court if needed. If an attorney is needed in your legal matter, DPS recommends you contact our In-House attorney (George M. Gilmer), or your state's local bar association. DPS prides itself with providing quality legal assistance, but DPS cannot and does not guarantee the outcome of any legal matter worked on.
• Location:
Brooklyn, 26 Court Street, Brooklyn
• Post ID: 26376292 newyork
