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 or 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 out office.  If you have an emergency please call our office to discuss special arrangements.  PLEASE NOTE: If you you have any problems with any of the links please call our office.

In a very few cases bankruptcy is not an option at this 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 how to file for bankruptcy relief under the Bankruptcy Code.

ALL THIS INFORMATION IS HELD IN STRICTEST CONFIDENCE

Step One - 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. Call us if you have any problems or questions.

Step Two* - 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 and what phone number we should call to reach you at the most convenient time.  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.

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 off Tips for Using Rapid Import.  It will make your work much easier.  You are required to fax us a copy of this signed document.

STOP: did you print of Tips for Using Rapid Import, read and sign?  If not, do it now.  Then fill in your company's tax id number below, 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 in-put program was originally designed for consumers, so some questions appear to be intended for individuals.  Please answer the questions from the prospective of your company.

    SSN: - -
 

Once the on-line form is complete an e-mail will be automatically be sent to our office.  This information will be held at a secure site waiting for us to download it.  Mail or fax us a copy of your tri-merge credit report.  Call us to set our 2-hour appointment.

Bring to your first meeting with Ms. Drain:
1) 12 months of bank statements (all accounts)
2) tax returns for last 3 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 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 to file bankruptcy and sign appropriate documentation.

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.