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LEGAL DISCLAIMER - TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS OF SERVICES & LEGAL NOTICES (hereinafter "Agreement") CAREFULLY BEFORE USING THIS WEBSITE (the "Site" or "http://www.lomberalaw.com
"). Any person accessing this Site to utilize any of the services it provides, including finding a professional, posting information or otherwise utilizing any of the features on this Site (collectively known as "Services") must accept the Terms and Conditions of this "Agreement" without change. These terms explain your (and our) rights under this Agreement and make disclosures as required by law. By using the Site, you give your assent to the terms of this Agreement. If you do not agree to these terms, you may not use this Site. Lomberalaw, PC a service of Edgar P. Lombera, Attorney at Law (hereinafter referred to as "LL
," "We," or "Our") a debt relief agency helping people file for bankruptcy under the bankruptcy code has the right, in our sole discretion, to modify, add or remove any terms or conditions of this Agreement without giving individual notice to you, by posting the changes on the Site. Your continuing use of the Site constitutes your acceptance of any such changes. Nothing in this website is to be construed as an offer for legal services. Legal services are only offered once our attorneys, or sponsoring attorney, has had an opportunity to review the specific facts of a case at a consultation and specifically indicates a willingness to take on the representation.
DISCLOSURES REQUIRED UNDER 11 U.S.C. §§ 527 AND 342
NOTICE #1: Notice Mandated by 11 U.S.C. §§342(b)(1) and 527(a)(1)
PURPOSE, BENEFITS AND COSTS OF BANKRUPTCY
Bankruptcy is a federal court proceeding that provides relief to people and businesses that are having financial difficulty. The relief comes in the form of an "automatic stay" which generally stops most collection proceedings and harassment from creditors. The cost of filing a bankruptcy consists of a filing fee which varies depending on the type of case you are filing (see below) and if you choose to hire a lawyer to represent you, the lawyer will likely charge you a fee for the representation. Additionally, there may be costs to obtain necessary information and documentation required by the bankruptcy code, bankruptcy rules and local rules.
The discussion here is meant only as a brief overview and no one should base their decision as to whether to file or not to file bankruptcy solely on this information. Bankruptcy is complex and a number of factors and considerations must be taken into account in making a determination to file or not. Anyone considering bankruptcy is encouraged to seek the advice and assistance of experienced counsel who practices bankruptcy.
11 U.S.C. §521(a)(1) of the Bankruptcy Code requires that you promptly file detailed information regarding your creditors, assets, liabilities, income, expenses and general financial condition. Your bankruptcy case may be dismissed if this information is not filed with the court within the time deadlines set by the Bankruptcy Code, the Bankruptcy Rules, and the local rules of the court.
NOTICE #2: Notice Mandated by 11 U.S.C. § 342(b)(2)
FRAUD & CONCEALMENT PROHIBITED
It is important that you understand the following:
- Some or all of the information you provide in connection with your bankruptcy case will be filed with the United States Bankruptcy Court in the appropriate jurisdiction on forms or documents that you will be required to sign and declare as true under penalty of perjury.
- A person who knowingly and fraudulently conceals assets or makes false oaths or statements under penalty of perjury in connection with a bankruptcy case shall be subject to fine, imprisonment, or both.
- All information you provide in connection with your bankruptcy case is subject to examination and audit by the Attorney General of the United States.
NOTICE #3: Notice Mandated by 11 U.S.C. § 527(a)(2)
MANDATORY DISCLOSURE TO CONSUMERS WHO ARE CONTEMPLATING FILING FOR BANKRUPTCY
PLEASE TAKE NOTICE THAT:
- All information that you are required to provide with the filing of your case and thereafter, while your case is pending, must be COMPLETE, ACCURATE, and TRUTHFUL.
- You must disclose ALL of your assets and liabilities! Further, you must identify the replacement value of each asset (as defined in the Bankruptcy Code, §506) must be stated in documents where requested after reasonable inquiry to establish the value. For most property used and acquired for personal, family, or household purposes, replacement value means the amount a retail merchant would charge for "used" property similar to what you own considering the age and condition of the property. Replacement cost does NOT mean the amount you would have to pay a retail merchant for a "new" item. For many cases involving used clothing, furniture, computers, etc… replacement cost may be "yard sale" value, or what the used item might sell for on eBay. With regard to antiques, jewelry or collectables, replacement value might be the retail value. For motor vehicles, replacement value would be the third party purchase value. For real estate, replacement value would be what the property would sell for at current market value. For cash and bank accounts it is the actual amount on deposit. For stocks and bonds, it is their market value as of the date your case is filed and the value is the cash value of what the stock could sell for in the market, or the amount a bond could be redeemed for at the time of filing.
- Before you file a case, you are subject to a "means test." The "means test" is a statutory test designed to determine whether or not you qualify to file a case under chapter 7 of the bankruptcy code, and if not, how much you need to pay to your unsecured creditors in a chapter 13 case. You must therefore state, after reasonable inquiry, your current monthly income, the amount of all expenses as specified in §707(b)(2), and, in a case under chapter 13 of this title, disposable income (determined in accordance with §707(b)(2), are required to be stated after reasonable inquiry.
- Any information you provide during the case may be audited pursuant to Title 11 of the United States Code and failure to provide information may result in dismissal of the case or other sanction, including criminal sanctions!
NOTICE #4: Notice Mandated by 11 U.S.C. § 527(b)
IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER
If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney. THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see the contract before you hire anyone.
The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service you need. Although bankruptcy can be complex, many cases are routine.
Before filing a bankruptcy case, either you or your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and which form of relief is most likely to be beneficial for you. Be sure you understand the relief you can obtain and its limitations. To file a bankruptcy case, documents called a Petition, Schedules and Statement of Financial Affairs, as well as in some cases a Statement of Intention need to be prepared correctly and filed with the bankruptcy court. You will have to pay a filing fee to the bankruptcy court. Once your case starts, you will have to attend the required first meeting of creditors where you may be questioned by a court official called a 'trustee' and by creditors.
If you choose to file a chapter 7 case, you may be asked by a creditor to reaffirm a debt. You may want help deciding whether to do so. A creditor is not permitted to coerce you into reaffirming your debts.
If you choose to file a chapter 13 case in which you repay your creditors what you can afford over 3 to 5 years, you may also want help with preparing your chapter 13 plan and with the confirmation hearing on your plan which will be before a bankruptcy judge. If you select another type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what should be done from someone familiar with that type of relief.
Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only attorneys, not bankruptcy petition preparers, can give you legal advice.
[Statement contained in and required by 11 USC 527(b).]
ACKNOWLEDGEMENT OF RECEIPT
By using this Site and/or otherwise accepting this Agreement, user acknowledges that user received a copy or has been provided access to all of the following notices:
- Notice Mandated by 11 U.S.C. §§342(b)(1) and 527(a)(1)
- Notice Mandated by 11 U.S.C. § 342(b)(2)
- Notice Mandated by 11 U.S.C. § 527(a)(2)
- Notice Mandated by 11 U.S.C. § 527 (b)
This Site is maintained by Lomberalaw, a law firm and debt relief agency. In addition, attorneys and/or law firms promoted through this web site are Debt Relief Agencies. They also help people file for relief under the Bankruptcy Code. LL
attorneys are licensed in California. The Site is maintained by the law firm for three purposes. First, the Site is intended as a resource for clients. It is also meant to provide information to the public about bankruptcy, financial management and debt relief. Third, in addition to providing service to LL
clients and educating the general public, the Site also provides users with the ability to submit information about their specific financial situation and request contact from either a LL
attorney, or an unaffiliated sponsoring attorney (depending on geographic location since LL
does not have offices in every geographic location) to discuss specifics of user's case and to possibly hire the attorney to represent user. The law firm does not endorse any of its sponsoring attorneys and makes no representations as to the advice given or as to the quality of the legal services offered by sponsoring attorneys.
is a law firm, LL
does not receive any portion of any unaffiliated sponsoring attorney's fees and any contracts for representation that you make with any of the unaffiliated sponsoring attorneys are strictly between you and the unaffiliated sponsoring lawyer and do not involve LL
The materials and information provided on this Site are for informational purposes only and may not reflect current legal developments or variations in the law of different jurisdictions. Nothing on this Site should be construed as legal advice or used as a substitute for legal advice. LL
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YOU SHOULD NOT ACT OR RELY ON THE BASIS OF ANY INFORMATION ON THE SITE AS THE INFORMATION CONTAINED ON THIS SITE IS NOT A SUBSTITUTE FOR LEGAL ADVICE FROM AN ATTORNEY. YOU SHOULD SEEK AND RETAIN AN ATTORNEY AND GET SPECIFIC ADVICE ABOUT YOUR SITUATION!
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By submitting information to us, you agree that we may release your contact information and all information that may be submitted by you to unaffiliated sponsoring attorneys or we may use the information within our law firm relating to any and all current or future products and/or services. You further agree and understand that an attorney from LL
or one of the unaffiliated sponsoring attorneys may contact you directly via telephone, electronic mail, "snail" mail, text message, or any other reasonable method should they have any interest in discussing your case with you, unless you request in writing your desire not to be contacted. Under no circumstances shall we be obligated to release any submitted information to our unaffiliated sponsoring attorneys or law firms, including contact names. The decision to release such information is within our sole discretion. Furthermore, no unaffiliated sponsoring attorney or law firm under any circumstance is obligated to contact you and it is within the attorney's or law firm's sole discretion whether or not to contact you.
By accepting the submission of your information, we do not offer any advice on whether you may have a valid defense to collection proceedings. If, after discussing your specific case with an unaffiliated sponsoring law firm, the attorney is willing to represent you in the specific matter you have presented to them, they will either present you with a retainer agreement in person or send you one in the mail that you will need to sign and return before they can represent you in that specific matter. If either the attorneys (or law firms) or you do not agree in writing to create an attorney-client relationship, none will exist. You are once again encouraged to seek and retain the advice of a duly licensed attorney in your state so as to meet all applicable deadlines that govern your bankruptcy case.
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The section titles and headings in this Terms and Conditions are for convenience and organizational purposes only and have no legal or contractual effect.