Client Duties and General Information
1. Identification, Social Security Number, Pay
Stu: Please provide my office with your current
driver's license, your social security card, and a
copy of your most recent pay stub. We require the
first two items to help curb identity theft and fraud.
Ifyou and your spouse are filing, both of you must
be present when you present the documents to my
office. You musi also bring these documents with
‘you to the 341 hearing of the creditors. Without
them, your ease may be delayed and eventually
dismissed. We need the pay stub so that we can
attach it to your bankruptcy schedules.
2, Lien Search: Separate and distinet from whether
‘your debis are discharged, security interests and
liens against your property will survive the
‘bankruptcy unless an order is entered otherwise.
Lawsuits filed against you and which proceed to
judgment before your bankruptcy case is filed may
hhave created a security interest against your
property. Therefore, please make sure that we
know about all of your mortgages and other
‘voluntary security interests and all ofthe judgments
entered against you. These matters must be
addressed during the bankruptcy case.
Often, obtaining a lien search through a title
insurance company is worth the expense, because it
reveals judgments or liens that can be avoided or
extinguished during the bankruptcy case. If you do
choose to get a lien search please present it to my
office as soon as possible so that we will have time
to address the issues during the case. It is best if the
search is obtained after filing (so that all liens
present as of the fing date are noted) and then
‘given to us no later than one week after the case is
filed.
‘Many people can do a lien search for you. Ido
not recommend or endorse the following entities,
‘a. NEPa Data Search 1541 Penn Ave Scranton
343-4342, $35.00
3. Tax Transcript: Sometimes, the LR.S. believes
that you owe taxes of which you may be unaware.
Sometimes, these taxes can be avoided during the
bankruptcy case. The LR.S. will provide free
pts that explain what they believe you owe.
‘You can obtain these transcripts by going to the
LR'S. office and asking for the MFTRA-X and the
IMFOL-T for each ofthe past 5 years. They require
‘wo forms of identification and are open from 8-
4:30 except on Wednesday when they open at 8:30.
‘They are located in Scranton at 409 Lackawanna
‘Avenue, Suite 600 or in Wilkes-Barre at 7 North
Wilkes-Barre Blvd. If you choose to do this, you
should provide my office with the transcripts when
‘you retum the questionnaire.
4, Credit Report: If you fil to list a debt that you
‘owe, you might still owe it after the bankruptcy.
Credit reports sometimes reveal debts you may have
forgotten. There are three major credit reporting
agencies: Equifax (800-997-2493), Experian
(888.EXPERIAN), and Transunion (800-888-4213).
5. Monthly Statements May Stop: Many creditors,
especially car finance companies and home
‘mortgage companies may stop mailing you monthly
statements of the amounts that you owe thom. If
this happens, if you have elected to retain the
collateral that was being financed, you are obligated
to continue making the payments on time. If you
forget, you can lose the collateral. Please mark
‘your calendar and remember to make all payments,
‘even if the statements don’t come,
6. Other Debts: Credit reports don’t list all debts.
If you aren't behind on your payment of a deb it
might not be listed. Also, not all creditors
(especially smaller companies or individuals) use
credit reporting agencies. The only way for these
debts to make it on your petition is for you to
‘remember them. You need to remember ALL debis
that you owe or mi day. (cg. Ifyou
‘were recently in a minor car accident and haven't
yet been sued, you might someday owe a judgment
inthat lawsuit. But, if you remember it and list it,
your liability would ordinarily be discharged.)
7. Disclose: You must completely disclose your
financial condition, You will sign the petition,
statement of financial affairs and many other
documents under penalty of perjury. Inaccurate
information can result in court sanctions including
XY Sober if filing bintlyClient Duties and General Information (cont.)
dismissal of the case or jail time, Furthermore, if
‘you lose the discharge, the Trustee can still take the
‘assets and distribute them to creditors. Then you
have the negative effeets of bankruptcy without the
benefit.
‘Also, you mus file supplemental schedules with
the court if within 180 days after the filing ofthe
petition, you become entitled to acquire property (a)
by bequest, devise or inheritance, (b) as a result of a
divorce ot property settlement agreement with your
spouse, of (c) as @ beneficiary of a life insurance
policy or death benefit plan.
8. Reaffinmation Agreements: Some creditors may
request that you “reaffirm” a debt. In exchange,
they often offer new credit or continue sending you
monthly statements, However, reaffirmation is
almost always a bad idea because it makes you
personally responsible for a debt that would.
otherwise be eliminated, I strongly suggest that,
unless I advise you otherwise, you decline to
reaffirm any debt. Thus, I will discard upon receipt
‘any reaffirmation agreement that my office receives
from a creditor. If you do not wish me to do this,
please cross out this entire paragraph and I will
forward those reaffirmation agreements to you.
9. Current Information: If you move, change
phone numbers, or change employment at any time
before your case is closed, you must provide me
‘with your new information. If I cannot get in touch
with you, your case may suffer.
10. Credit Cards: Stop using them! Debts that you
incur once you are considering filing bankruptcy are
usually not dischargeable and can potentially
threaten your entire case. Now that you have
consulted with a bankruptcy attomey, the court may
presume that you never intended to repay any credit
card debt you incur between now and the filing.
11, Bill Collectors: Once you returned the signed
agreement and paid your intial retainer fee, you are
entitled to tell any person attempting to collect a
debt to contact your attomey. Don't talk to them.
Just politely tell them to call me and hang up. If
they continue to contact you after you have told
them this, cll my office.
12, Utility Deposits: If you discharge a bill to a
utility, they have the right to a deposit to ensure
payment on future services. This deposit must be
‘paid shortly after the filing ofthe case or your
service may be affected. But, if you file a chapter
13, this deposit might be provided for in the plan.
13. New Debt: For the duration of a Chapter 13,
‘you are not permitted to incur new debt without
permission from the Trustee.
14, Privacy Policy Notice: Attomeys, like other
professionals who advise on personal financial
‘matters, are now required by a new federal law to
inform their clients of their policies regarding
privacy of client information. Attomeys have been
‘and continue to be bound by professional standards
‘of confidentiality that are even more stringent than
those required by this new law. Therefore, we have
always protected your right to privacy.
Inthe course of providing our clients with
bankruptcy advice, we receive significant personal
financial information from our clients. If you are a
client of the Law Office of Carlo Sabatini, you
should know that all information that we receive
from you is held in confidence, and is not released
10 people outside the firm, except as agreed to by
you, of as required under an applicable law.
We retain records relating to professional
services that we provide so that we are better able to
assist you with your professional needs and in,
some cases, to comply with professional
guidelines. In order to guard your nonpublic
electronic, and procedural safeguards that comply
‘with our professional standards.
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