Diane L. Drain, Attorney and Counselor at Law.
Over the years we have discovered that
bankruptcy is so daunting for our clients that may freeze
and are unable to help themselves. We decided to use
technology to make this complicated process as simple as
possible. Therefore, we focus on education, ease of access
to information and setting up a process that puts clients in
control. This allows clients to proceed at their own pace
rather than the lawyer’s. The minimum time to process an
entire bankruptcy is usually 3 weeks. This includes the
client completing all the steps listed below and meeting
with Ms. Drain twice. The average is 6 weeks with many
clients taking several months.
What we need from you: you must be willing to
spend time doing the work. You must be willing to follow
directions. You must have access to a computer with
broad-band, not dial-up, access to the Internet. You must
keep your appointments. You must bring the paperwork
requested when requested. I
really hate to say this - but if you elect not to follow our
directions, then I will elect not take you as client.
Bankruptcy is not something to do "half-baked". You do
your job and I will do mine; but I need you to do your job
in order for me to do mine. I know that this warning
is not necessary for most of you - but we are finding many
people who refused to help us help them.
In exchange for you doing the above we
promise the following:
(1)
To keep our fees to a minimum. In order to keep our fees to
a minimum we must ask for your commitment to follow
directions. If you do not have that commitment, then our
fees must be increased to cover the additional time spent in
your file. We do not want to raise our fees for all clients
just because a very small percentage of our clients cannot
follow directions.
(2)
We also promise to make information available when you need
it, not just when we are in the office.
(3)
Lastly, we try to make the process as easy for you as is
practically possible.
So what is the process?
Step one – watch the video
which explains the basics of bankruptcy, including the
differences between chapters 7 and 13. If you are married
both spouses must watch the video.
Step two – fill out a
questionnaire and fax or e-mail to our office. Make sure to
fill out all the information on the
questionnaire and finished Step one. Otherwise Jay will
call and ask that you finish the form and/or completed Step
one. Ms. Drain will then call you (and your spouse if
applicable) to discuss the questionnaire and answer any of
your questions. Ms. Drain’s goal for this conference will
be to give you direction for protecting assets, unwinding
mistakes that you already made and what not to do before
filing for bankruptcy. This call is normally 20 minutes.
You will be quoted a fee for our services at this time.
Step three – Only after
completing Steps one and two you will watch a second video
explaining the type of bankruptcy that is best for you.
Again, if you are married then both spouses must watch the
video.
Step four – get your free
credit reports.
Step five –Rapid Import (Fresh
Start) here you will list your assets, your creditors
(account number, address, etc) and answer several other
questions. Make sure to read direction for filling out
Rapid Import. Once you have completed filling out this
information we will receive an e-mail notification. Jay
will review this form. If you have followed the directions
Ms. Drain will call you to set a first appointment which
last approximately 2 hours. If you did not follow the
directions for filling out Rapid Import then Jay will call
you, and like a good teacher, he will instruct you to read
the directions and fill out Rapid Import correctly. Moral:
read the directions first. Once you have read the
directions you are welcome to call Jay for clarification.
Step six – complete your credit
counseling class (this is usually done on-line). You can
either do this class before or after meeting with Ms. Drain
for the first meeting, unless you were instructed to wait
some time before filing your bankruptcy. This is a
discussion you will have in the free telephonic conference
which is part of Step two. You must obtain your credit
counseling certificate before your second meeting with her.
Step seven – Gather all the
applicable documents listed below step six and bring to your
first meeting.
Step eight - you will meet with
Ms. Drain for approximately 2 hours. If you are married
then both spouses must be at all meetings. At this meeting
you will review the information which was downloaded from
Rapid Import into our bankruptcy software. You will bring
back the signed retainer and disclosure agreements; plus all
the documents listed on our web site after step six (tax
returns, bank statements, revised means test, pay stubs,
etc). You will pay one half of the retainer. You will be
given directions about using your bank accounts, paying
bills, etc. At the end of the meeting you will be given a
copy of the bankruptcy documents. Because you have paid a
retainer you can now give our name and phone number to your
creditors.
Step nine – Call us for your
last meeting once you have reviewed all the documents from
our first meeting and are ready for us to file your
bankruptcy in the next few days. At the second meeting
you are to bring back the edited bankruptcy documents, plus
the signed retainer and disclosure agreements received at
the first meeting. At the second meeting you will pay the
balance of your retainer, plus the court filing fee. You
also must bring any new documents since your first meeting:
such as new pay stubs or bank statements. At this meeting
you and Ms. Drain will talk about the timing for her to file
your bankruptcy. PLEASE DO NOT CALL TO SET YOUR FINAL
MEETING UNTIL YOU HAVE REVIEWED AND EDITED THE BANKRUPTCY
DOCUMENTS. THIS IS RUDE TO US AND TO OUR OTHER CLIENTS. If
you failed to review and edit the bankruptcy documents, or
bring any of the documents requested, Ms. Drain will cancel
this meeting. You will then be charged an extra fee for a
new meeting.
Moral: follow the directions, do your
homework and call for your final meeting only AFTER you have
done all of this. We apologize for having to stress this,
but please remember that our fees reflect your commitment to
follow directions.
Step ten – the day of filing
the bankruptcy: you must call to give Ms. Drain permission
to file your bankruptcy. You must know the actual balance
in your bank account at that time.
Step eleven – Your bankruptcy has
been filed. You will receive a copy of the documents that
Ms. Drain filed with the Bankruptcy Court. Along, with a
cover letter which gives you more information about your
meeting with the trustee (called the creditor’s meeting –
usually no creditors are there). Her letter will also give
you directions about the second class that you must take
called a financial management class.
All the creditors you listed in your documents will receive
notice of bankruptcy. This mailing will come from the
Bankruptcy Notice Center and may take 1-2 weeks before the
creditors receive the notice. It may also take the
creditors another 1-2 weeks to update their computers.
Therefore, if a creditor should contact you after you
bankruptcy is filed you should give them the case number
(that is on the letter that I sent you when we filed your
case), plus my name and phone number. The creditor
will stop calling.
Step twelve – you complete your
financial management class and send a copy of the
certificate to Ms. Drain. She will file it with the court
and send you an e-mail notice.
Step thirteen – the trustee
assigned to your case sends a letter asking for bank
statements, tax returns, and other documents. You already
provided most of this information to Ms. Drain, but this
letter comes to you, not her. Therefore, you must provide
this information directly to the Trustee. If you do not
receive this letter within 14 days after filing then call
Ms. Drain’s office. ALL TRUSTEES SEND THIS LETTER TO ALL
DEBTORS.
Step fourteen – you and Ms.
Drain attend the meeting with the trustee (creditor’s
meeting). If you fail to provide the requested information
to the trustee then most likely your creditor’s meeting will
be postponed. This will mean that you have to come down for
another meeting, plus Ms. Drain will charge a fee for this
additional time. Moral: provide the information requested.
Step fifteen – assuming you
have completed all the steps above you will receive a
discharge approximately 120 days after filing your chapter 7
case. If this is a chapter 13 case your discharge will not
be entered until after you finish your 3-5 year payment.
Step sixteen– you will receive
a final letter from Ms. Drain after your discharge is
entered. This letter gives you some more information that
is very important, such as keeping her informed of any
change of address or phone number. This letter reminds you
to send the Trustee any information he requested, such as
your tax return for the next year, or a tax refund. Your
discharge can be revoked if you fail to provide that
information to the trustee. You have done a lot of work to
get your bankruptcy discharge, so make sure to send the
trustee everything they request.
Step seventeen – YEA! You are
done. Good work!! You should be very proud of
yourself, this was hard work and you deserve a treat. Go to
a movie, a game or something that is special.
