Mandatory Disclosures in Bankruptcy

Important Information Every Bankruptcy Lawyer is Required to Disclose

At the Price Law Firm in Orlando, we represent clients throughout central Florida in all types of consumer bankruptcy matters, including Chapter 7 and Chapter 13. We represent clients in all types of consumer bankruptcy matters, including Chapter 7 and Chapter 13. As a dedicated bankruptcy law firm, we are considered a debt relief agency by the government. As such, there are mandatory disclosures we are required to make to every client wishing to file for bankruptcy. This information outlines the disclosures.

Disclosures Mandated by Bankruptcy Code Section 342(b)

Debtors are able to file for bankruptcy under the following four Chapters of the Bankruptcy Code:

  • Chapter 7: Referred to as a personal liquidation, Chapter 7 allows the debtor to discharge eligible unsecured debts and may result in the sale of non-exempt property to repay your creditors.
  • Chapter 13: Also referred to as a wage-earner plan, Chapter 13 allows debtors to repay their debts over a three to five-year period according to a court-approved repayment plan.
  • Chapter 11: This is a type of bankruptcy with a complex set of provisions that allows businesses or individuals to reorganize their debt, repay it over time and discharge eligible debts.
  • Chapter 12: Chapter 12 is usually reserved for family farmers wishing to reorganize their debt and repay it over time in a similar fashion to Chapter 13.

All persons seeking debt relief through bankruptcy should also be advised of the following:

  • Every person filing for bankruptcy will be required to pay all applicable court filing fees in addition to attorney’s fees.
  • Any person who knowingly or fraudulently seeks to hide assets or makes a false statement under oath can be subject to a fine, imprisonment or both.
  • All persons seeking debt relief under the Bankruptcy Code are required to attend a credit counseling course conducted by a court approved agency. You will also be required to complete a financial management course before you receive your final discharge.

Disclosures Mandated by Bankruptcy Code Section 527(a)(2)

Please be advised of the following:

  • All of the information you provide on your bankruptcy petition and at any time while your bankruptcy is in progress is required to be complete, accurate and truthful.
  • You are required to make a complete and accurate disclosure of all assets and liabilities in your bankruptcy petition documentation.
  • You must also state your current monthly income and, in the case of a Chapter 13 filing, your monthly disposable income.

Disclosures Mandated by Bankruptcy Code Section 527(b)

You are not required to hire an attorney or bankruptcy petition preparer.

As stated in Section 527(b) Of The Bankruptcy Code:

“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.”

If you have questions about any of these disclosures or if you need help filing bankruptcy, contact the Price Law Firm. From our offices in Altamonte Springs in the Orlando-Kissimmee metro area, we represent clients throughout central Florida. To schedule a free consultation with an attorney, call 407-834-0090.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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