Thomas K. Atwood -
Attorney at Law
PO Box 648
Conway, WA 98238-0648
Voice - (425) 996-4145 or (206) 569-4685
Fax
(815) 550-1378
Email: tom@tomlaw.com
Member of the State Bars of Washington and California
NOTICES AND DISCLOSURES
The following notices and disclosures are provided pursuant to the Bankruptcy Reform legislation passed by Congress and signed into law in April of 2005 by President Bush.
DISCLOSURES AND NOTICES PURSUANT TO 11 U.S.C. 527
(A) All information that you are required to provide with a petition and
thereafter during a case under this title is required to be complete, accurate,
and truthful;
(B) All assets and all liabilities are required to be completely and accurately
disclosed in the documents filed to commence the case, and the replacement value
of each asset as defined in section 506 must be stated in those documents where
requested after reasonable inquiry to establish such value;
(C) Current monthly income, the amounts specified in section 707(b)(2), and, in
a case under chapter 13 of this title, disposable income (determined in
accordance with section 707(b)(2)), are required to be stated after reasonable
inquiry; and
(D) Information that you provide during your case may be audited pursuant to
this title, and that failure to provide such information may result in dismissal
of the case under this title or other sanction, including a criminal sanction.
NOTICE REGARDING IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM
AN ATTORNEY OR BANKRUPTCY PETITION PREPARER
1. 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.
2. 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.
3. 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.
4. 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.
5. If you choose to file a chapter 13 case in which you repay your creditors
what you can afford over 3 to 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.
6. 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.
7. 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.