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.
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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.
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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.
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.
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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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