What You Should Know if You Are Considering Bankruptcy
The lawyers at the Law Offices of Farnsworth Mortensen, PLLC represent clients in all types of consumer bankruptcy matters, including Chapter 7 and Chapter 13 filings. From our offices in Phoenix, Mesa and Tucson, we help people throughout Arizona to find the right debt relief solution to help them get a fresh start.
We focus our entire practice on consumer bankruptcy and related issues. As such, we are considered a debt relief agency under the law. Given the nature of our practice, there are certain things we are required to disclose to every client interested in seeking debt relief through bankruptcy. Below is a synopsis of those mandatory disclosures.
Disclosures Mandated by Bankruptcy Code Section 342(b)
Debtors are able to file for bankruptcy under the following four Chapters of the Bankruptcy Code:
- Chapter 7: Sometimes called a personal liquidation, Chapter 7 allows you to discharge eligible unsecured debts and may result in the sale of nonexempt property to repay your creditors.
- Chapter 13: Commonly known as a wage-earner plan, Chapter 13 allows you to repay your debts over a three to five-year period according to a court-approved repayment plan.
- Chapter 11: Chapter 11 is a type of bankruptcy with a complex set of provisions that allows businesses or individuals to reorganize debt, repay it over time and discharge eligible debts.
- Chapter 12: Chapter 12 allows family farmers to reorganize their debt and repay it over time in a similar fashion to Chapter 13.
All persons seeking debt relief through bankruptcy should also be advised of the following:
- Every person filing for bankruptcy will be required to pay all applicable court filing fees in addition to attorney's fees.
- Any person who knowingly or fraudulently seeks to hide assets or makes a false statement under oath can be subject to a fine, imprisonment or both.
- All persons seeking debt relief under the Bankruptcy Code are required to attend a credit counseling course conducted by a court-approved agency. You will also be required to complete a financial management course before you receive your final discharge.
Disclosures Mandated by Bankruptcy Code Section 527(a)(2)
Please be advised of the following:
- All of the information you provide on your bankruptcy petition and at any time while your bankruptcy is in progress is required to be complete, accurate and truthful.
- You are required to make a complete and accurate disclosure of all assets and liabilities in your bankruptcy petition documentation.
- You must also state your current monthly income and, in the case of a Chapter 13 filing, your monthly disposable income.
Disclosures Mandated by Bankruptcy Code Section 527(b)
You are not required to hire an attorney or bankruptcy petition preparer.
As stated in Section 527(b) of the Bankruptcy Code:
"If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you or you can get help in some localities from a bankruptcy petition preparer who is not an attorney. THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see the contract before you hire anyone."
Get the Help You Need Today
If you would like to know more about any of these disclosures or have questions about our bankruptcy services, we invite you to contact our office today. We offer a free consultation to all new clients.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
