LAW OFFICE OF D.L. DRAIN

1702 W. Camelback, Suite 264

 Phoenix, AZ 85015

Phone: 602.246.7106

Fax: 602.249.1969

DDrain@DianeDrain.com

 
   


   
 

 

How to Start a Business Chapter 7 Bankruptcy



 "I am unjust, but I can strive for justice.  My life's unkind, but I can vote for kindness.  I, the unloving, say life should be lovely.  I, that am blind, cry out against my blindness."

Vachel Lindsay 
1878-1931, American Poet

 

 

 

 

 

 

 

 

 

 

 

Bankruptcy Law, Courts, Trustees

Basic Bankruptcy Articles

General Bankruptcy FAQ

Trustee Sale and Bankruptcy

Basic Bankruptcy Articles

Bankruptcy
Glossary

Articles for Debtors

For a business bankruptcy stay on this page, for a personal bankruptcy click here.

In that your company is filing for bankruptcy protection make sure to answer all the questions as though you are the company, not yourself.  Make notes if you have any questions.

IMPORTANT NOTE: Make certain that you have the proper authority to file bankruptcy for your company and to sign the necessary documentation.  We will need a copy of the corporate resolution, or partnership agreement granting that authority.

Please follow the directions below.  The General Review of Financial Status form helps us guide you through the complex documents which must be completed before a bankruptcy can be filed. All information is provided so that we can better assist you.  Please note that this firm does not represent you until you have actually paid a retainer fee and signed a retainer agreement.  So do not give out our name to your creditors until you have made the necessary arrangements with our office.  If you have an emergency please call our office to discuss special arrangements.  PLEASE NOTE: If you have any problems with any of the links please call our office.

In a very few cases bankruptcy is not the best option at the time.  We will help you determine what other options might be available.  But, in the great majority of cases, bankruptcy is the only option left.  It is our job to help you throughout the entire process and to make sure you understand your rights and the complex legal issues involved with bankruptcy.  Please review some comments that our clients have shared with us about our services.

You will be expected to pay one-half of your retainer at the time of this initial 2-hour meeting. Once you have paid a portion of the retainer you may refer all creditors and collection companies to our office.

Ms. Drain is sensitive to strong smells and allergens.  If possible, please consider the use of perfumes or cologne when you meet with her. 

As of April 2005,  Congress has decided that all lawyers must state that they are "debt relief agencies".  I am very proud to say that our office is in business to help people understand their rights, and if necessary, to help them file for bankruptcy relief under the Bankruptcy Code.

ALL THIS INFORMATION IS HELD IN STRICTEST CONFIDENCE

Step One - Click here for Educational video - Introductory Session: the basics of a chapter 7.  The video is designed for consumers, but contains basic information to help you understand the process, defines terms, explains the basics of bankruptcy, assist you to understand your duties in bankruptcy and dispel the myths about bankruptcy. You must have access to broadband (cable, DSL, and use Internet Explorer or Netscape) in order to view the videos.  Do not send questions through DigiCounsel, otherwise the program may freeze.   Instead write them down and ask Ms. Drain during your call (Step Two).  Feel free to call us if you have any problems or questions.

Step Two* - Click here for General Review of Financial Status - fill out this form, send to our office and Ms. Drain will call you as soon as possible for a 10 - 15 minute phone discussion.  Again, the form is designed for individuals so answer the questions as though you are your company. Make sure to check our FAQ's for basic questions related to bankruptcy.  THERE IS NO FEE FOR THIS SHORT DISCUSSION.  Please indicate on your form when the most convenient date and time is to call and the best phone number.  Ms. Drain will do her best to call at that time.

NOTE: To use this form you can copy all or a portion of the document, then paste it into your word processor.  After this form is filled out you can fax, e-mail or mail it to our office.  This will assure more accurate entry of your information because we are not trying to decipher your hand writing.

By filling out this form you are giving our office permission to run all public records, including criminal records.  We use this information to help guide you through the bankruptcy.

Step Three - Gather all your company's bills, including collection notices, bank statements, tax returns, general ledger accounts, receivables and payables, client or provider of services lists, with addresses, account numbers and amount owing.

Step Four**- On-Line Bankruptcy Forms.  Before going any further print and read Instructions for Using Rapid Import.  It will make your work much easier. 

STOP: did you print of Instructions for Using Rapid Import, read and sign?  If not, do it now.  Then fill in your company's tax id number below, do not use your personal social security number. Do not include any dashes.  Then click on Log in, and you will be taken for an easy to follow on-line series of questions (this is website is very secure). You must use the same tax id number in order to find the information you entered at an earlier visit.  This program was originally designed for consumers, some questions appear to be intended for individuals.  Please answer the questions from the prospective of your company.

    SSN: - -
 

Once you press "complete" in Rapid Import an e-mail will be sent to our office.  Once completed do not enter any additional information at Rapid Important without first talking to my paralegal - Jay.  Call us to set your 2-hour appointment

Bring to your first meeting with Ms. Drain:
(There is no need to make copies - we scan the originals and immediately return them to you.)
1) 12 months of bank statements (all accounts)
2) tax returns for last 2 years
3) copies of all vehicle titles or registrations
4) copies of law suits, if any.
5) leases and any other contracts
6) if your company owes back federal taxes -
obtain a literal transcript called Form 4506-T from the IRS for the last 4 years, whether you think you owed taxes or not.  General Notes on transcripts
7) Written authority from your company to file bankruptcy and sign appropriate documentation.
8) Half of the retainer fee. The balance, plus the court filing fee is to be paid when you are ready for us to file your bankruptcy.

Please remember: Ms. Drain is sensitive to strong smells and allergens.  If possible, consider the use of perfumes or cologne when you meet with her. 

If you have young children - please make arrangements for a babysitter.  Our first meeting is long and I need your full concentration.

Illness: please stay home if you or your family members are ill with a cold or flu-like symptoms.  You need to be fever free for 24 hours without the assistance of fever reducing medication before meeting with Ms. Drain.  Thank you for your courtesy.

 

Step Two* - The General Review of Financial Status is intended to provide us with sufficient information to properly advise you as to whether or not bankruptcy would help your company and which bankruptcy would be the most beneficial.  The information in the General Review of Financial Status will also assist us in identifying specific areas of concern that could lead to difficulty in filing a bankruptcy at this time.

Once the General Review of Financial Status is complete please forward to our office (by mail, e-mail or fax).  Diane L. Drain will then contact you for a 15-20 minute telephone conference. Make sure to include a note indicating which phone number we should use to contact you. There is no fee for this review or the follow-up telephone conference.

Depending on the complexity of the business issues, Ms. Drain may suggest, or you may request an in-person meeting.  There is a fee for that meeting, but if you become a client of this firm, the fee will be deducted from the retainer.

Please understand that just because you fill out the forms you have not committed to filing for bankruptcy protection.  There are rare occasions when the best course is for a client to wait for some period before filing, if a bankruptcy is ever filed; or taking another option; or because of a conflict situation Ms. Drain refers you to another experienced bankruptcy lawyer.  We will discuss these alternatives.  If you do not become a client of our office then we will shred all documents you have provided.

Step Four** - The Bankruptcy Forms are intended to provide us all the information for preparing your company's bankruptcy documents.  This on-line program is completely secure and only our firm will receive a copy of your information.

Please understand that we are not intending on being invasive by asking for the information on the form.  This is the information that Congress has decided is necessary to disclose in all bankruptcies.   The new bankruptcy law requires at least double the work and documentation from the client and our office.  We will do our best to help you through the process, but you must provide the information in order to  for us to help you.

Addresses: THE LAW REQUIRES THAT YOU USE THE ADDRESSES AND ACCOUNT NUMBERS PROVIDED IN THE LAST TWO STATEMENTS/BILLS FROM THE CREDITORS OR THEIR COLLECTION COMPANIES, OR ATTORNEYS.  After you list the addresses from the statements/bills, then list all creditors or collection companies listed on any backup documentation you may have, or can obtain.  It is very important that the correct addresses be used for all creditors and collection companies or attorneys.  If we are given a wrong address then the Post Office will return the bankruptcy notice of our office.   We then must contact you for a better address.  Once you have provided that new address we must file it with the court ($75 fee) and forward the bankruptcy notice to the creditor.  If the creditor does not receive notice of your bankruptcy, then they may be able to sue your company after your bankruptcy is completed. 

Once the on-line form is completed it will be automatically e-mailed to our office.  You can then call to set your 2-3 hour appointment.  We offer both daytime and evening appointments.  At that meeting Ms. Drain will go over all your questions, discuss your company's unique situation and the bankruptcy documents will be completed.  You will be provided with a draft of the bankruptcy documents and asked to review it for accuracy.  You will also be given both retainer and disclosure agreements.  At that meeting you will discuss the timing for filing and design a plan for the process.

When you are ready to finalize the documents and have us file the bankruptcy, then call and we will schedule another appointment.  At that second appointment we will the edits to the draft documents that you a have prepared.  A final review of all the documents will be completed, any change in your company's circumstances will be discussed and, then you will be asked to review and sign all the documents.  If another meeting is necessary we will schedule it at that time.  You will be guided as to the best time for our office to file your company's bankruptcy.  At the final meeting you will need to pay the balance of your retainer and the Bankruptcy Court filing fees..
 

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DISCLAIMER This site is not intended to be advertising and the Law Office of D.L. Drain, P.A. and the attorneys employed by that firm do not seek to represent anyone in a state where this site may fail to comply with all laws and ethical rules of that state.  The information provided in this web site is for general information purposes only. All the documents, forms and information on these web pages are generic in nature and must not be regarded as legal advice. The law changes periodically and we make no representations that any of the information is accurate. You are not to make any inference from this website that our firm represents you or would be able to represent you; or that the information contained herein applies to your specific circumstances. You must seek legal counsel to ascertain your rights and obligations.

 

 

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