Initiation of a Business Bankruptcy

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 you 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 very few cases bankruptcy may not be the best option at the time.  We will help you determine what other options might be available.  But, in the 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 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.

As of April 2005, all bankruptcy 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.


THE "FIVE STEPS"

Please follow each step. Do not jump over any step, otherwise you will be sent back to complete the missing step and this will slow the process for completing your bankruptcy.

Step One Click here for educational videos on the basics of bankruptcy. Watch all 7 short videos.  The videos are designed for consumers, but contains basic information to help you understand the process, define terms, explain the basics of bankruptcy, assist you to understand your duties in bankruptcy.  Most importantly, dispel the myths about bankruptcy. 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 it to our office (following the instructions below), and Ms. Drain will call you as soon as possible for a 20 - 25 minute phone discussion.  This form is designed for individuals so remember to 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 PHONE DISCUSSION.  Please indicate on your form the most convenient date and time to call, as well as the best phone number to reach you.  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 obtain 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, collection notices, bank statements, tax returns, general ledger accounts, receivables, payables, and 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. 

After reading the instructions (see above), then fill in your company's tax id number below, do not use your personal social security number. The data system is designed for the numbering sequence of social security numbers e.g.: 333-33-3333.. Most company tax ids are 26-123456 (which is one number short when compared to a social security number).  We can use the data system if you will enter your company tax id number in the same form as a social security number, but substitute the dash with a zero.  Therefore, the company tax id of 26-123456 would become 260-12-3456.  Also, note that the dashes are already included in the form below.  Please call if you have any questions.

ANY INFORMATION YOU PROVIDE OUR OFFICE IS HELD IN STRICT CONFIDENCE.  IF YOU DECIDE NOT TO FILE FOR BANKRUPTCY, THEN NOTIFY US AND WE WILL SHRED ANY PAPERWORK ON FILE.


Once you have entered the company tax number, then click on Log in.  You will be forwarded to an easy-to-follow series of questions (this secure website uses 128-bit data encryption). Should you quit the data entry before completing it, then please use the same tax id number in order to return to the information entered at an earlier visit.  Because this program was originally designed for individual filers, some questions appear to be intended for individuals.  Please answer the questions from the prospective of your company.

    SSN: - -
 

Once you click "Finish Now" in Rapid Import an e-mail will be sent to our office.  Once you have clicked "Finish Now," do not enter any additional information at Rapid Import without first talking to my paralegal - Jay.  Please call us to set your 2-hour appointment.

Step Five: 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 - see 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

AS A FAVOR TO ME:
1) I am sensitive to strong smells.  So please avoid the use of perfumes or cologne when you meet with me. 
2) Leave small children at home.  Our first meeting is long and you need to be able to concentrate.
3) Illness: please
reschedule our meeting if you or your family members are ill with cold or flu symptoms.
Thank you for your courtesy.

CLICK HERE FOR A LIST OF ALL STEPS FOR THE ENTIRE BANKRUPTCY PROCESS FROM BEGINNING TO END

*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).  Ms. Drain will then contact you for a short 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, or to choose an option other than bankruptcy.  Because of a conflict-of-interest situation, Ms. Drain may refer 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 we need to prepare 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 do not want to be invasive by asking for the information on this form.  The bankruptcy code requires full disclosure of all assets and liabilities in all bankruptcy filings.   The 2005 changes to the bankruptcy code requires at least double the work and documentation from our clients and our office.  We will do our best to help you through the process, but you must provide full and accurate 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 you complete the on-line form 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 early 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 your second appointment we will enter the edits to the draft documents that you a have prepared.  A final review of all the documents will be completed, any changes in your company's circumstances will be discussed and, then you will be asked to review and sign all the documents.  If necessary we will schedule another meeting 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..