Procedures for Potential Clients Seeking to File Bankruptcy

Procedures-For-Potential-Clients-Seeking-To-File-Bankruptcy

  • PHONE OR IN PERSON CONSULTATION (DEPENDING UPON AVAILABILITY) WITH JAY WELLER IS MANDATORY. MR. WELLER WILL DISCUSS WITH THE POTENTIAL CLIENT ALL OF THE ISSUES, TYPICALLY RELATED TO BANKRUPTCY, HOW THOSE ISSUES ARE ADDRESSED IN BANKRUPTCY, THE DIFFERENT CHAPTERS OF BANKRUPTCY, AND REMEDIES OTHER THAN FILING BANKRUPTCY, AND THEIR FEASIBILITY, AND EFFECTIVENESS. MR. WELLER WILL DEMONSTRATE HOW BANKRUPTCY RELATES TO THE SPECIFIC ISSUES CONFRONTING THE POTENTIAL CLIENT. UPON A FULL ANALYSIS OF THE POTENTIAL CLIENT’S ISSUES AND CIRCUMSTANCES, THE POTENTIAL CLIENT CAN THEN MAKE AN INFORMED CHOICE AS TO THE REMEDY THAT MOST BENEFITS HIM OR HER. THERE IS NO FEE OR COST FOR THE INITIAL CONSULTATION.
  • IF THE POTENTIAL CLIENT DECIDES HE OR SHE WISHES TO RETAIN WELLER LEGAL GROUP, PA TO REPRESENT HIM OR HER IN BANKRUPTCY, AND WELLER LEGAL GROUP, PA ALSO AGREES TO ENTER INTO THE REPRESENTATION OF THE POTENTIAL CLIENT, THEN THE DOCUMENTS LISTED PURSUANT TO PROCEDURE #3 MUST BE CAREFULLY REVIEW BY THE POTENTIAL CLIENT, EXECUTED OR SIGNED BY THE POTENTIAL CLIENT, AND DELIVERED TO WELLER LEGAL GROUP, PA IN THE FORM OF EMAIL, US MAIL OR SIMILAR DELIVERY, OR BY AN IN PERSON APPOINTMENT AT ONE OF THE OFFICES, CURRENTLY LOCATED IN CLEARWATER, PORT RICHEY, TAMPA, OR LAKELAND, FLORIDA.
  • THE FOLLOWING DOCUMENTS MUST BE PROVIDED AND FULLY EXECUTED IN ORDER THAT THE RETAINER OF SERVICES BY THE POTENTIAL CLIENT IS FORMALLY MADE WITH WELLER LEGAL GROUP, PA:
    • BANKRUPTCY RETAINER AGREEMENT

PLEASE READ THE BANKRUPTCY RETAINER AGREEMENT FULLY. IF YOU HAVE NO OBJECTIONS TO ANY OF THE TERMS INCLUDED IN THE AGREEMENT, PLEASE SIGN AND DATE THE AGREEMENT AND DELIVER THE SIGNED COPY TO OUR OFFICE, BY ANY OF THE METHODS PRESCRIBED IN #2.

    • INITIAL CONSULTATION AGREEMENT AND REQUIRED NOTICES FORM

THIS IS A FORM REQUIRED UNDER 11 USC 342(b) OF THE BANKRUPTCY CODE. THIS FORM INDICATES THAT THE CLIENT OR POTENTIAL CLIENT HAS BEEN NOTIFIED OF THE VARIOUS CHAPTER OF BANKRUPTCY AND A GENERAL DESCRIPTION OF THOSE CHAPTERS. PLEASE READ AND SIGN THIS FORM AND DELIVER A COPY TO OUR OFFICE, BY ANY OF THE METHODS DESCRIBED UNDER #2.

    • PAYMENT OF ATTORNEY FEES AND COSTS

THE RETAINER AGREEMENT WILL CLEARLY INDICATE THE ATTORNEY FEES AND COSTS NECESSARY TO FILE THE BANKRUPTCY. PAYMENT OF ALL FEES BY BE MADE BY EITHER MONEY ORDER, CASHIER’S CHECK, CHECK, DEBIT PAYMENT, OR CASH, IF THE CLIENT COMES PERSONALLY, TO ONE OF OUR OFFICES.

ALL ATTORNEY FEES AND COSTS MUST BE PAID WITHIN THREE MONTHS FROM THE DATE OF THE EXECUTION OF THE RETAINER AGREEMENT. IF THE CLIENT NEEDS MORE THAN THREE MONTHS TO PAY THE FEES AND COSTS, THEN THE CLIENT MAY SET UP A MONTHLY PAYMENT ARRANGEMENT WITH WELLER LEGAL GROUP, PA.

IF THE CLIENT WISHES TO SET UP A MONTHLY PAYMENT ARRANGEMENT, THEN WELLER LEGAL GROUP PA WILL DEBIT THE CLIENT OR CLIENTS’ BANK ACCOUNT, ON THE 15TH OF THE SUBSEQUENT MONTH AFTER THE EXECUTION OF THE RETAINER AGREEMENT. CLIENT MAY MAKE PAYMENTS OVER AS MANY AS 12 MONTHS. WELLER LEGAL GROUP DOES NOT CHARGE ANY INTEREST OR FEES AGAINST CLIENTS WHO NEED OR WISH TO MAKE MONTHLY PAYMENTS IN THIS FASHION.

THOSE APPLYING FOR THE MONTHLY PAYMENT ARRANGEMENT NEED TO COMPLETE THE AUTOMATIC BILL PAYMENT AUTHORIZATION FORM AND DELIVER SUCH FORM TO OUR OFFICE, IN ANY OF THE MANNERS DESCRIBED IN #2

  • AFTER ALL LEGAL FEES ARE PAID, THEN THE CLIENT WILL RECEIVE A SPECIAL AUTHORIZATION CODE OR PASSWORD IN ORDER THAT THE CLIENT CAN SUBMIT INFORMATION NEEDED FOR THE COMPLETION OF THE CLIENT OR CLIENTS’ BANKRUPTCY PETITION (QUESTIONNAIRE).
  • CONCURRENTLY, WITH THE RECEIPT OF THE SPECIAL AUTHORIZATION CODE OR PASSWORD, THE CLIENT OR CLIENTS, WILL ALSO RECEIVE A LIST OF DOCUMENTS THAT MUST BE PROVIDED AND WILL BE SUBMITTED AS EXHIBITS WITH THE BANKRUPTCY THE DOCUMENTS INCLUDE:
    • PAY STUBS, OR A PROFIT AND LOSS STATEMENT OR ANY AND ALL INCOME FOR THE SIX MONTHS PRIOR TO THE BANKRUPTCY FILING. THIS INCLUDES ANY SOCIAL SECURITY AWARD LETTERS AND OR PENSION STATEMENTS.
    • BANK STATEMENTS FROM ALL BANK ACCOUNTS, INCLUDING CHECKING AND SAVINGS ACCOUNTS FOR THE SIX MONTHS PRIOR TO THE FILING OF THE BANKRUPTCY. THIS INCLUDES A STATEMENT SHOWING THE BALANCE OF ALL ACCOUNTS ON THE DATE OF THE FILING OF THE BANKRUPTCY.
    • TAX RETURNS FOR THE TWO YEARS PRIOR TO THE FILING OF THE BANKRUPTCY, INCLUDING ANY CURRENT TAX RETURN. THE TAX RETURN SHOULD ALSO INCLUDE ALL W-2 AND 1099 FORMS.
    • LOAN OR LEASE STATEMENT FOR EACH VEHICLE LEASED OR FINANCED. THIS STATEMENT SHOULD SHOW THE MONTHLY PAYMENT AND THE BALANCE DUE.
    • COURT DOCUMENTS RELATING TO ANY LAWSUIT, JUDGEMENT OR GARNISHMENT DELIVERED AGAINST THE CLIENT OR CLIENTS.
    • DIVORCE DECREES, PROPERTY SETTLEMENT AGREEMENTS OR DOMESTIC SUPPORT ORDERS ENTERED IN THE PREVIOUS TEN YEARS
    • PLAN SUMMARY FOR 401K PLANS, INDIVIDUAL RETIREMENT ACCOUNTS (IRA), PENSION PLANS, PROFIT SHARING PLANS, EMPLOYEE STOCK OWNERSHIP PLANS (ESOP), ANNUITIES, AND SIMILAR DEVICES
    • THE MOST RECENT COLLECTION LETTERS, NOTICES AND BILLS RECEIVED FROM ANY CREDITOR, ATTORNEY, OR COLLECTION AGENCY
    • ANY VEHICLE REGISTRATIONS, INCLUDING AUTOMOBILES, BOATS, AND TRAILERS
    • REAL ESTATE MORTGAGE AND NOTES
    • UNCOMPLETED CONTRACTS OR LEASES
    • DRIVER’S LICENSE
    • SOCIAL SECURITY CARD
    • PRE-FILING CREDIT COUNSELING CERTIFICATE
  • AFTER THE CLIENT HAS COMPLETED THE COMPLETED THE QUESTIONNAIRE, AND PROVIDED ALL OF THE REQUIRED DOCUMENTS, WELLER LEGAL GROUP WILL COMPLETE THE BANKRUPTCY PETITION AND SCHEDULE AN APPOINTMENT WITH THE CLIENT OR CLIENTS IN ORDER THAT THE ATTORNEY CAN REVIEW THE CONTENTS OF THE PETITION WITH THE CLIENT OR CLIENTS. THIS IS A VERY IMPORTANT APPOINTMENT BECAUSE THE BANKRUPTCY PETITION IS INDISPUITEDLY, THE MOST IMPORTANT LEGAL PLEADING OR DOCUMENT IN ANY BANKRUPTCY. IT IS IMPERATIVE THAT EVERY PAGE AND LINE OF THE PETITION BE CAREFULLY REVIEWED WITH THE CLIENT, AND ANY INCORRECT INFORMATION BE CORRECTED. THE ATTORNEY AND CLIENT OR CLIENTS WILL SIGN THE PETITITION AND ITS NUMEROUS SCHEDULES AND DISCLOSURES, ATTESTING THAT SUCH INFORMATION IS TRUE AND CORRECT, TO THE BEST OF THE KNOWLEDGE, INFORMATION, AND ABILITY, OF BOTH THE PERSON OR PERSONS FILING THE BANKRUPTCY, AND THE ATTORNEY REPRESENTING SUCH PERSONS IN THE SAME BANKRUPTCY.

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