Bankruptcy Terms & Conditions
TERMS AND CONDITIONS OF USE
Last Updated on November 28, 2010.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. By accessing or using this Web Site (Hereinafter "Web Site) you (Hereinafter "User" or "You") agree to be bound these terms and conditions for the Web Site and all Services offered through the web site. IF you do not agree to be bound by these terms and conditions, you must not use and/or must immediately terminate your use of your use of this Web Site, and services accessible to you through this Web Site (Hereinafter "Service").
I. DISCLOSURES REQUIRED UNDER SECTION 527 AND 342 OF THE BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005.
NOTICE # 1.
Information About Bankruptcy
Required By Sections 342(b)(1) and 527(a)(1) of The Bankruptcy Code
PURPOSES, BENEFITS AND COSTS OF BANKRUPTCY
The United States Constitution provides a method whereby individuals, burdened by excessive debt, can obtain a "fresh start" and pursue productive lives unimpaired by past financial problems. It is an important alternative for persons strapped with more debt and stress than they can handle.
The federal bankruptcy laws were enacted to provide good, honest, hard-working debtors with a fresh start and to establish a ranking and equity among all the creditors clamoring for the debtor's limited resources.
Bankruptcy helps people avoid the kind of permanent discouragement that can prevent them from ever re-establishing themselves as hard‑working members of society.
To the extent that there may be money or property available for distribution to creditors, creditors are ranked to make sure that money or property is fairly distributed according to established rules as to which creditors get what.
This discussion is intended only as a brief overview of the types of bankruptcy filings and of what a bankruptcy filing can and cannot do. No one should base their decision as to whether or not to file bankruptcy solely on this information. Bankruptcy law is complex, and there are many considerations that must be taken into account in making the determination whether or not to file. Anyone considering bankruptcy is encouraged to make no decision about bankruptcy without seeking the advice and assistance of an experienced attorney who practices nothing but bankruptcy law.
Types of Bankruptcy
The Bankruptcy Code is divided into chapters. The chapters which almost always apply to consumer debtors are chapter 7, known as a "straight bankruptcy", and chapter 13, which involves an affordable plan of repayment.
An important feature applicable to all types of bankruptcy filings is the automatic stay. The automatic stay means that the mere request for bankruptcy protection automatically stops and brings to a grinding halt most lawsuits, repossessions, foreclosures, evictions, garnishments, attachments, utility shut‑offs, and debt collection harassment. It offers debtors a breathing spell by giving the debtor and the trustee assigned to the case time to review the situation and develop an appropriate plan. In most circumstances, creditors cannot take any further action against the debtor or the property without permission from the bankruptcy court.
Chapter 7
In a chapter 7 case, the bankruptcy court appoints a trustee to examine the debtor's assets to determine if there are any assets not protected by available "exemptions". Exemptions are laws that allow a debtor to keep, and not part with, certain types and amounts of money and property. For example, exemption laws allows a debtor to protect a certain amount of equity in the debtor's residence, motor vehicle, household goods, life insurance, health aids, retirement plans, specified future earnings such as social security benefits, child support, and alimony, and certain other types of personal property. If there is any non-exempt property, it is the Trustee's job to sell it and to distribute the proceeds among the unsecured creditors. Although a liquidation case can rarely help with secured debt (the secured creditor still has the right to repossess the collateral if the debtor falls behind in the monthly payments), the debtor will be discharged from the legal obligation to pay unsecured debts such as credit card debts, medical bills and utility arrearages. However, certain types of unsecured debt are allowed special treatment and cannot be discharged. These include some student loans, alimony, child support, criminal fines, and some taxes.
Additional information about chapter 7 is available at the Site.
In addition to attorney fees, there is a filing fee that must be paid to the Bankruptcy Court.
Chapter 13
In a chapter 13 case, the debtor puts forward a plan, following the rules set forth in the bankruptcy laws, to repay certain creditors over a period of time, usually from future income. A chapter 13 case may be advantageous in that the debtor is allowed to get caught up on mortgages or car loans without the threat of foreclosure or repossession, and is allowed to keep both exempt and nonexempt property. The debtor's plan is a document outlining to the bankruptcy court how the debtor proposes to dispose of the claims of the debtor's creditors. The debtor's property is protected from seizure from creditors, including mortgage and other lien holders, as long as the proposed payments are made and necessary insurance coverages remain in place. The plan generally requires monthly payments to the bankruptcy trustee over a period of three to five years. Arrangements can be made to have these payments made automatically through payroll deductions.
Additional information about chapter 13 is available at the Site.
In addition to attorney fees, there is a filing fee that must be paid to the Bankruptcy Court.
Chapter 11
By and large, chapter 11 is a type of bankruptcy reserved for large corporate reorganizations. Chapter 11 shares many of the qualities of a chapter 13, but tends to involve much more complexity on a much larger scale.
However, since chapter 11 does not usually pertain to individuals whose debts are primarily consumer debts, further information about chapter 11 will be provided by reference to the following resource: The A Bankruptcy Basics @ brochure prepared by the Administrative Office of the United States Courts, dated June 2000, and which can be accessed over the internet by visiting the U.S. Courts Web site.
Chapter 12
Chapter 12 of the Bankruptcy Code was enacted by Congress in 1986, specifically to meet the needs of financially distressed family farmers. The primary purpose of this legislation was to give family farmers facing bankruptcy a chance to reorganize their debts and keep their farms.
However, as with chapter 11, since chapter 12 does not usually pertain to individuals whose debts are primarily consumer debts, further information about chapter 12 will be provided by reference to the same "Bankruptcy Basics" brochure referred to above, which can be accessed over the internet at the same said website as mentioned for chapter 11.
What Bankruptcy Can and Cannot Do
Bankruptcy may make it possible for financially distressed individuals to:
1. Discharge liability for most or all of their debts and get a fresh start. When the debt is discharged, the debtor has no further legal obligation to pay the debt.
2. Stop foreclosure actions on their home and allow them an opportunity to catch up on missed payments.
3. Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
4. Stop wage garnishment and other debt collection harassment, and give the individual some breathing room.
5. Restore or prevent termination of certain types of utility service.
6. Lower the monthly payments and interest rates on debts, including secured debts such as car loans.
7. Allow debtors an opportunity to challenge the claims of certain creditors who have committed fraud or who are otherwise seeking to collect more than they are legally entitled to.
Bankruptcy, however, cannot cure every financial problem. It is usually not possible to:
1. Eliminate certain rights of secured creditors. Although a debtor can force secured creditors to take payments over time in the bankruptcy process, a debtor generally cannot keep the collateral unless the debtor continues to pay the debt.
2. Discharge types of debts singled out by the federal bankruptcy statutes for special treatment, such as child support, alimony, student loans, certain court ordered payments, criminal fines, and some taxes.
3. Protect all cosigners on their debts. If a relative or friend co-signed a loan which the debtor discharged in bankruptcy, the cosigner may still be obligated to repay whatever part of the loan not paid during the pendency of the bankruptcy case.
4. Discharge debts that are incurred after bankruptcy has been filed.
Bankruptcy's Effect on Your Credit
By federal law, a bankruptcy can remain part of a debtor's credit history for 10 years. Whether or not the debtor will be granted credit in the future is unpredictable, and probably depends, to a certain extent, on what good things the debtor does in the nature of keeping a job, saving money, making timely payments on secured debts, etc.
Services Available From Credit Counseling Agencies
With limited exceptions, Section 109(h) of the Bankruptcy Code requires that all individuals who file for bankruptcy relief on or after October 17, 2005 receive a briefing that outlines all available opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days prior to the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted over the Internet or over the telephone) and must be provided by a non-profit budget and credit counseling agency approved by the United States Trustee or bankruptcy administrator. The clerk of the bankruptcy court has a list that you may consult of the approved budget and credit counseling agencies. In addition, after filing a bankruptcy case, an individual debtor generally must complete a financial management instructional course before he or she can receive a discharge. The clerk also has a list of approved financial management instructional courses.
If you're not disciplined enough to create a workable budget and stick to it, can't work out a repayment plan with your creditors, can't keep track of mounting bills, or need more help with your debts than can be achieved by merely having a few of your unsecured creditors lower your interest rates somewhat, it probably makes little sense to consider contacting a credit counseling organization.
If, on the other hand, you meet all or most of those criteria, there are many non-profit credit counseling organizations that will work with you to solve your financial problem
But be aware that, just because an organization says it's "nonprofit," there's no guarantee that its services are free, affordable or even legitimate.
Most credit counselors offer services through local offices, the Internet, or on the telephone. If possible, it probably best to find an organization that offers in-person counseling. Many universities, military bases, credit unions, housing authorities, and branches of the U.S. Cooperative Extension Service operate nonprofit credit counseling programs. Your financial institution, local consumer protection agency, and friends and family also may be good sources of information and referrals.
Reputable credit counseling organizations can advise you on managing your money and debts, help you develop a budget, and offer free educational materials and workshops. Their counselors are certified and trained in the areas of consumer credit, money and debt management, and budgeting. Legitimate counselors will discuss your entire financial situation with you, and help you develop a personalized plan to solve your money problems. An initial counseling session typically lasts an hour, with an offer of follow-up sessions.
If your financial problems stem from too much debt or your inability to repay your debts, a credit counseling agency may recommend that you enroll in what is knows as a "debt management plan" or "DMP". A DMP alone is not credit counseling, and DMPs are not for everyone. You should sign up for one of these plans only after a certified credit counselor has spent time thoroughly reviewing your financial situation, has offered you customized advice on managing your money, and has analyzed your budget to make sure that the proposed DMP is one you can afford. However, remember that all organizations that promote DMP's fund themselves in part through arrangements with the creditors involved, which are called "fair share", so you have to be wary as to whose best interest the counselor has in mind. Even if a DMP is not appropriate for you, a reputable credit counseling organization still can help you create a budget and teach you money management skills.
In a DMP, you deposit money each month with the credit counseling organization, which uses your deposits to pay your unsecured debts, like your credit card bills and medical bills, according to a payment schedule the counselor develops with your creditors. Your creditors may agree to lower your interest rates or waive certain fees, but it's always best to check with all your creditors, just to make sure they offer the concessions that a credit counseling organization is promising you. A successful DMP requires you to make regular, timely payments, and could take 48 months or more to complete. Ask the credit counselor to estimate how long it will take for you to complete the plan. You may have to agree not to apply for C or use C any additional credit while you're participating in the plan, and a DMP is likely of little value if your problems stem from or involve your secured creditors holding your car, truck or home as collateral. DMP's are also likely of little value if your problems stem from alimony, child support or overdue taxes.
The bottom line is this: If all you need is a little lowering of your interest rates on some unsecured debts, a DMP might be the answer. However, if what you really need is to reduce the amount of your debt, bankruptcy may be the solution.
NOTICE # 2.
NOTICE OF MANDATORY DISCLOSURE TO CONSUMERS WHO CONTEMPLATE FILING BANKRUPTCY
Required by Section 527(a)(2) Of The Bankruptcy Code
You are notified as follows:
1. 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.
2. All your assets and all your liabilities must be completely and accurately disclosed in the documents filed to commence your case, and the replacement value of each asset (as defined in Section 506 of the Bankruptcy Code) must be stated in those documents where requested after reasonable inquiry to establish such value.
3. Some sections of the Bankruptcy Code require you to determine and list the replacement value of an asset such as a car or furniture. When replacement value is required, it means the replacement value, established after reasonable inquiry, as of the date of the filing of your bankruptcy case, without deduction for costs of sales or marketing. WIth respect to property acquired for personal, family or household purposes replacement value means the price a retail merchant would charge for "used" property of that kind considering the age and condition of the property. Again, replacement value is defined in the Bankruptcy Code as a the price that a retail merchant would charge for property of the same kind, considering the age and condition of the property at the time its value is determined. This is not the cost to replace the item with a new one or what you could sell the item for; it is the cost at which a retail merchant or what you could sell the item for; it is the cost at which a retail merchant would sell the used item in its current condition. In many cases (particularly used clothing, furniture, computers, etc.), this would be "yard sale" value, or what the item might sell for on eBay. In other cases, such as jewelry, antiques or collectables, it may be retail value. For motor vehicles, it would be the third party purchase value. For real property, it is what the real property would sell for, at current market value. For cash and bank account, it is the actual amount on deposit. For stocks and bonds, it is their market value as of the date your case is filed. You must make a reasonable inquiry to determine the replacement value of your assets.
4. Before your case can be filed, it is subject to what is called a "Means Testing". The Means Test was 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 your unsecured creditors in a chapter 13 case. For purposes of the means test, you must state, after reasonable inquiry, your total current monthly income, the amount of all expenses as specified and allowed pursuant to section 707(b)(2) of the bankruptcy code, and if the plan is to file in a Chapter 13 case, you must state, again after reasonable inquiry, your disposable income, as that term is defined.
5. Information that you provide during your case may be audited pursuant to the provisions of the Bankruptcy Code. Your failure to provide complete, accurate and truthful information may result in the dismissal of your case or other sanctions, including criminal sanctions.
NOTICE # 3.
IMPORTANT INFORMATION ABOUT ABOUT BANKRUPTCY ASSISTANCE SERVICES
Required by 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.
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. It may not be in your best interest to reaffirm a debt.
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, if held, 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. However, please be advised that in most cases, you will only be concerned with chapter 7 and chapter 13.
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.
NOTICE # 4.
FRAUD AND CONCEALMENT PROHIBITED
Required by Section 342(b)(2) of The Bankruptcy Code
If you decide to file bankruptcy, it is very important that you understand the following:
1. Some or all of the information you provide in connection with your bankruptcy will be filed with the bankruptcy court on forms or documents that you will be required to sign and declare as true under penalty of perjury.
2. A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury in connection with a bankruptcy case shall be subject to fine, imprisonment, or both.
3. All information you provide in connection with your bankruptcy case is subject to examination by the Attorney General.
ACKNOWLEDGEMENT OF RECEIPT VERY IMPORTANT
By using this Site and/or otherwise accepting this Agreement, you acknowledge that you have received a copy of or been provided with access to all of the following notices:
1. Notice Required By Section 342(b)(1) and 527(a)(1) of The Bankruptcy Code.
2. Notice Required By Section 527(a)(2) of The Bankruptcy Code.
3. Notice Required By Section 527(b) of The Bankruptcy Code.
II. AGREEMENT
1. Description of this Web Site
This Web Site and Service are made available by DotCO Law Marketing, L.L.C. (Hereinafter "Provider"). PROVIDER IS NOT A LAW FIRM. THIS WEB SITE IS AN ADVERTISEMENT OF LEGAL SERVICES, and may not reflect current legal developments or variances in the law of different jurisdictions. Nothing on this site should be construed as legal advice or used as a substitute for legal advice.
YOU SHOULD NOT ACT OR RELY ON THE BASIS OF ANY INFORMATION ON THE WEB SITE WITHOUT SEEKING AND RETAINING THE ADVICE OF AN ATTORNEY.
This Web Site allows Users (You) to submit their personal information, which may then be forwarded to a law firm who pays Provider a marketing licensing fee. These law firms (Hereinafter "Subscriber[s]") pay Provider the licensing fee to receive information that is voluntarily submitted by Users on this Web Site. Provider, DotCO Law Marketing, L.L.C., is not a law firm. Provider will not, and cannot handle your legal case. Rather, Provider merely facilitates your initial, voluntary submission of personal information to a paying Subscriber law firm. Provider does not endorse, guarantee, or warrant any services or information about the Subscribers (law firms). DotCO Law Marketing, L.L.C., does not receive any portion of any lawyer's or law firm's fees and any arrangements subsequently made by You and any lawyer or law firm are strictly between You and such party and do not involve this Web Site, or DotCO Law Marketing, L.L.C. in any way. That being the case, DotCO Law Marketing, L.L.C. strongly encourages each User to carefully research any law firm You consider using to represent You in any legal matter. For more information and guidance, please refer to Sections 8 and 9 of this Agreement.
This Web Site does not, and is not intended to provide legal advice. Web Site and the Service are intended for User's personal use only. Neither Provider nor the Web Site, nor the Service is a lawyer referral service.
WHAT DOES IT MEAN FOR YOU WHEN YOU SUBMIT YOUR PERSONAL INFORMATION ON THIS WEB SITE?
First, your submission of information on this Web Site DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP in any way. By submitting information to us, You agree that we may release your contact information and all information that may be submitted by you to the Subscribers (law firms), and/or to other law firms and attorneys which are not part of the immediate Subscriber pool, and you further agree and understand that they may contact you directly should they have any interest in discussing your case with you, unless you requested in writing your desire not to be contacted. In no event, however, shall we be obligated to release any submitted information to our Subscribers or any other law firms, including contact names, but rather may or may not do so at our sole discretion. Furthermore, in no event is any Subscriber or other law firm or entity obligated to contact You with regard to your case, but rather may or may not do so at its sole discretion. By accepting the submission of your information, we do not offer any advice on whether you may have remedies under current law. After discussing your specific case with a Subscriber, if the Subscriber (law firm or attorney) is willing to represent you in the specific matter you have presented to him or her, the Subscriber will send you a retainer agreement in the mail that you will need to sign and return (or otherwise have you sign such retainer) before he can represent you in that specific matter. If either the Subscriber (law firm or attorney) or You do not agree in writing to create an attorney-client relationship, none will exist. In the meantime, you are encouraged to seek and retain the advice of other counsel so as to meet all applicable deadlines that govern your case. You hereby agree that, by taking any of the actions described above, you are soliciting and requesting a contact by telephone as such, you may be contacted by telephone or e-mail as set forth in this Agreement, notwithstanding the listing of your telephone number and/or e-mail address in any applicable do-not-call registries.
2. Content on Web Site Does Not Constitute Legal Advice
Content on this Web Site is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Web Site or materials linked from this Web Site is at your own risk.
3. Attorney & Law Firm Listings
All of the following provisions apply:
(a) Subscriber Info. The information about the Subscribers in the Service is provided by the Subscribers themselves. Provider does not review the content of the listings that are provided by the Subscribers or any links to/from the Web Site. Therefore, Provider does not guarantee, recommend, or endorse any information regarding the Subscribers abilities, certifications, representations, specialties, or information otherwise relating to Subscribers.
(b) Subscriber Qualifications. Provider does not guarantee, recommend, endorse, or otherwise have an opinion on the quality of any Subscriber's legal services or expertise.
(c) No Warranty. Provider does not warrant the validity of the information provided by Subscribers to the Service or the information submitted by or exchanged between Users and Subscribers.
(d) User's Own Risk. Your (User's) use of this Web Site is entirely at your (User's) own risk, and therefore Provider encourages each User to make his/her own independent investigation and evaluation of any Subscriber you might consider hiring for professional legal advice.
4. User's Discretion to Use this Web Site
Users have sole discretion whether to contact or be contacted by any Subscribers via the service and nothing in the Service is intended or should be interpreted as advising or directing a User to contact or select a particular attorney or firm. The determination of the need for legal services and the choice of a lawyer or law firm are important decisions and should not be based solely upon listings or a Subscriber's self-proclaimed areas of practice. Users are solely responsible for verifying a Subscriber's credentials and qualifications for determining the necessity and adequacy of a Subscriber's insurance coverage, and for the ultimate selection of any attorney they might make.
5. No Attorney-Client Relationships or Agreements for Legal Representation Within Scope of Web Site or Service
All of the following provisions apply:
(a) No Privileges. Use of the Web Site or Service is not intended to and does not create a privileged, confidential or attorney-client relationship between Users and either Provider or its Subscribers.
(b)No Agreements. Any agreements regarding legal services or fees must be done outside the scope of the Service and are strictly between the User and the Subscriber(s) and do not involve Provider in any way. Information contained on or made available through the Web Site and the Service is not intended to and does not constitute legal advice or counseling under any circumstance.
(c) Non Law-Firm Status and No Fee Collection. Provider is not a law firm. Provider does not receive any portion of any attorney's or law firm's fees.
(d)Provider's Non-Involvement. Provider is not involved in or responsible for any transactions that might occur between Users and Subscribers, and Provider does not guarantee that such transactions will occur. Users and Subscribers are solely responsible for compliance with all laws and regulations governing their interactions via the Service, including, with respect to Subscribers, compliance with all ethics and bar association rules and regulations applicable to their practice. The attorney listings on this Web Site are attorney advertisements and do not constitute a referral, recommendation or endorsement by this Web Site or any approved or authorized lawyer referral service.
6. WARNING: Do Not Disclose Confidential Information
Nothing submitted to this Web Site is treated as confidential. Because of the nature of the World Wide Web, any and all information provided through this Web Site and its Service is subject to interception by third parties. You acknowledge that disclosure of electronic communications sent through the Web Site and its Service may occur. Therefore, you should not disclose any privileged, confidential and/or specific information regarding matters for which you are using the Web Site or its Service. Specific information to avoid disclosing includes, by way of example only, names of persons, businesses, and specific facts that would readily identify the other parties involved in the legal issue or dispute. Users must describe their issue or dispute in general terms only. Specific information should only be revealed outside the scope of the Service after the User has selected an attorney and been in further contact outside the Web Site and the Service (e.g. via telephone or appointment).
7. Our Subscribers (Our Sponsoring Lawyers, Attorneys and Law Firms)
8. Disclosures Regarding Attorney Advertising
THIS SITE MAY CONTAIN ADVERTISING MATERIAL OR LAWYER ADVERTISEMENTS
Some jurisdictions may consider the Site to be a form of advertising for legal services and as such may require specific disclosures. Please read the following carefully:
THIS IS AN ADVERTISEMENT. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise. Hiring a lawyer is an important process that should not be based solely upon advertisements.
Neither Provider nor any of the Law Firms operate as a lawyer-advertising cooperative, lawyer referral service, prepaid legal insurance provider, or similar organization the business or activities of which include the referral of customers, members, or beneficiaries to lawyers for the performance of fee-generating legal services or the payment for or provision of legal services to the customers, members, or beneficiaries in matters for which they do not bear ultimate responsibility.
FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST
Before you decide to hire any of the Law Firms, ask them to send you free written information about their qualifications and experience. Additional information about the lawyers or firms may also be obtained by contacting the Bar Association in the State in which such lawyers or law firms are licensed.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or fields of practice do not mean that a lawyer is a specialist, expert, authority or is certified in a particular field of law, nor do such memberships or licenses mean that such a lawyer is more expert or competent than any other lawyer.
A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist, expert or authority in an indicated field of law practice, nor does it mean that such lawyer is more expert or competent than any other lawyer. We urge all potential clients to make their own independent investigation and evaluation of any lawyer being considered.
Except where otherwise indicated, neither Provider nor any of the Law Firms are certified by the Florida Bar Board of Legal Specialization and Education, the Texas Board of Legal Specialization ("Not Certified by the Texas Board of Legal Specialization"), or any other entity or body. The fact that certain attorneys or firms concentrate their practices in the defense of bankruptcy cases (or any other field) is not meant to imply that they have gained any specific type of certification in these areas. Indeed, many states do not recognize certifications of specialties in the practice of law and explicitly state that any such certificate, award or recognition is not a requirement to practice law in those states.
9. Additional State-Specific Disclosures
Alabama
No representation is made that is the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Alaska
The Alaska Bar Association does not accredit or endorse certifying organizations.
Florida
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
Hawaii
The Supreme Court of Hawaii grants Hawaii certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association.
Illinois
The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and that he certificate, award or recognition is not a requirement to practice law in Illinois.
Iowa
The determination of the need for legal services and the choice of a lawyer are extreme.y important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by the rule of the Supreme Court of Iowa.
Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer.
A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer.
All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of Supreme Court of Iowa.
Kansas
Any attorney listings or other information pertaining to a particular attorney or law firm on this Site constitutes a paid attorney advertisement, and does not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service.
Massachusetts
If a Massachusetts lawyer holds himself or herself out as "certified" in a particular service, field or area of laity by a non-governmental body, the certifying organization is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts.
Mississippi
Free Background information is available upon request to a Mississippi attorney. There is no procedure in Mississippi for approving, certifying, or designating organizations and authorities.
Missouri
The choice of a lawyer is an important decision and should not be based solely upon advertisements. ADVERTISING MATERIAL: COMMERCIAL SOLICITATIONS ARE PERMITTED BY THE MISSOURI RULES OF PROFESSIONAL CONDUCT BUT ARE NEITHER SUBMITTED TO NOR APPROVED BY THE MISSOURI BAR OR THE SUPREME COURT OF MISSOURI. Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.
Nevada
Neither the state bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability.
New Jersey
Any certification specialist, or any certification in a field of practice, that does not state that such certification has been granted by the Supreme Court of New Jersey or by an organization that has been approved by the American Bar Association, indicates that he certifying organization has not been approved, or has been denied approval, by the Supreme Court of New Jersey and the American Bar Association. All attorney listings are a paid attorney advertisement, and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service.
New Mexico
LAWYER ADVERTISEMENT
Any certification by an organization other than the New Mexico Board of Legal Specialization, unless the lawyer is also recognized by the board as a specialist in that area of law.
New York
Prior results do not guarantee a similar outcome.
Rhode Island
The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any field of practice.
Tennessee
Certifications of Specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning and Family Law. Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization.
Texas
Unless otherwise indicated, Not Certified by the Texas Board of Legal Specialization.
Washington
The Supreme Court of Washington does not recognize certification of specialities in the practice of law and that the certificate, award, or recognition is not a requirement to practice law in the State of Washington.
Wyoming
The Wyoming State Bar does not certify any lawyers as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.
10. Conflicts of Interest.
The avoidance of attorney conflicts of interest is outside the scope of the Service. You and the Subscriber attorneys you contact via the Service are solely responsible for ensuring there are no conflicts of interest in any relationships that are formed after general contact is made via the Service.
11. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, limited revocable license (1) to access and use the Web Site and its Service strictly in accordance with these Terms and Conditions of Use; (2) to use the Web Site and its Service solely for internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Service solely for internal, personal, non-commercial purposes, provided that you maintain all copyright and other notices contained therein.
12. Restrictions and Prohibitions on Use.
Your license to access and use the Web Site and its Service are subject to the following restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted by paragraph 8, above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web Site, Service or any information or materials retrieved there from; (2) use the Service or any other materials from the Web Site to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of the Service or any other materials from the Web Site; (4) use the Service or any other materials from the Web Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Web Site; (6) make any portion of the Web Site or Service available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Web Site; (8) decompile, disassemble or reverse engineer any Web Site software or use any network monitoring or discovery software to determine the site architecture; (9) use any automatic or manual process to harvest information from the Web Site; (10) use the Web Site or Service for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of Provider's name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Web Site or Service in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re-export the Web Site or any portion thereof, or any software available on or through the Web Site, in violation of the export control laws and regulations of the United States.
13. Policy on Unsolicited Commercial Email.
Provider does not authorize the use of the Web Site or its Service for purpose of gathering information for or transmitting unsolicited commercial email over the Internet to Subscribers or other third parties. Internet email sent to or through Provider's computer systems or to Subscribers or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Provider's computer systems is strictly prohibited. Email that is relayed to or through the Provider's computer systems from a third party's mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. Provider prohibits anyone from sending email to or through its computer systems that violates these Terms and Conditions of Use. Provider prohibits the harvesting of email addresses from the Web Site for the purpose of sending unsolicited commercial email.
14. Intellectual Property Rights.
Except for the limited license contained in paragraph 8 above, nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site, its Service and their content and any software used in connection with the Web Site and the Service are owned by Provider, its licensors, or Subscribers, as applicable. Except as expressly authorized by Provider, you agree not to modify, sell, distribute or create derivative works based on the Web Site, its Service, or any related software, in whole or part.
15. No Solicitation.
You shall not distribute to any persons or entities identified via the Web Site or its Service any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider. Attorneys and law firms are prohibited from soliciting employment from prospective clients through the Web Site or any of its interactive features. In interactive forums made available through this Web Site if any, you may discuss or recommend third-party Web sites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Web sites, products or services, or the recommendation of such. In no event may any person or entity solicit any Subscribers or create a directory of attorneys or law firms through this Web Site or with data retrieved from this Web Site.
16. Registration or Submission of Personally Identifiable Information.
Certain sections of this Web Site may require you to register or submit personally identifiable information. If this is requested, you agree to provide Provider with accurate, complete information, using your real name and accurate information. Each registration or submission is for your personal use only, unless specifically designated otherwise on the page where the information is requested. For those sections of the Web Site requiring registration, if any, Provider does not permit (a) any other person to use the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing unauthorized use.
17. License of Your Content to Provider.
By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.
18. Linking to the Web Site.
You may provide links to this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Web Site and (b) you discontinue providing links to this Web Site immediately upon request by Provider.
19. Third-Party Content.
Third-party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider. You agree to abide by any terms, conditions and intellectual property rights of such third parties.
20. Advertisers.
This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in any advertiser's or sponsor's materials.
21. Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement.
Provider reserves the right to remove any content or links that allegedly infringe another person's copyright. Provider will terminate, in appropriate circumstances, any Subscriber or User accounts that might exist with respect to Provider's system or network who are repeat offenders of another's copyright.
22. Representations and Warranties.
You represent and warrant that (i) you will provide true, accurate and complete information as may be requested or required to use the Service; (ii) you will not permit third parties to use your email address, or use third parties' email addresses, in connection with your use of the Service; (iii) you will not use the Service in any manner or for any purpose that violates any local, state, national, or international laws or regulations, or that infringes the intellectual property or privacy rights of others and (iv) you will not use the Service to transmit unsolicited commercial email or any information or materials that are unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise similarly objectionable as determined by Provider in its sole discretion.
23. Errors, Corrections and Additions.
Provider does not represent or warrant that the Web Site or its Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or content of the Web Site at any time and may add additional services to the website. All additional services shall be covered by these Terms and Conditions of Use as part of this Web Site.
24. Disclaimer.
THE WEB SITE AND ITS SERVICE IS PROVIDED ON AN "AS IS" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE WEB SITE, ITS SERVICE AND THEIR CONTENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, ITS SERVICE AND THEIR CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE OR ANY THIRD PARTY COMMUNICATION DIRECTED TO YOU FROM ANY THIRD PARTY DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS WEB SITE OR ITS SERVICE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR ITS SERVICE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE.
25. Limitation of Liability and Damages.
PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM THE WEB SITE OR ITS SERVICE, FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE OR ITS SERVICE OR FROM THESE TERMS AND CONDITIONS OF USE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEB SITE, ITS CONTENT; OR ITS SERVICE AND (B) YOUR PARTICIPATION IN INTERACTIVE AREAS OF THE WEB SITE INCLUDING BUT NOT LIMITED TO BLOGS, CHAT ROOMS, MESSAGE BOARDS OR EMAIL FORUMS AND (C) THESE TERMS AND CONDITIONS OF USE. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER'S SOLE OBLIGATION TO YOU OR ANY THIRD PARTIES FOR ANY AND ALL CLAIMS OR DAMAGES SHALL BE LIMITED TO $100.00.
26. Waiver and Release.
You hereby waive, release, acquit and forever discharge any and all claims, demands, losses, injuries, liability, or damages of any kind and nature, against Provider, its parents, subsidiaries, affiliates, and its and their directors, officers, employees and agents, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Service, any disclosure of information resulting from your use of the Service, and any conflict of interest, ethical violation, or any alleged legal malpractice by any attorney you contact through the Service.
27. Indemnification.
You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold Provider, its parents, subsidiaries, affiliates, officers, employees and agents, harmless from any claims, demands, actions, and judgments, including reasonable attorneys' fees and costs, made by any third party, including a Subscriber, relating to or arising out of: (i) your use of the Web Site or its Service; (ii) any interaction or transaction between you and a Subscriber; (iii) your breach of these Terms and Conditions of Use; (iv) your violation of any rights of a third party.
28. Termination.
Provider may terminate your use of the Web Site or its Service immediately at any time if you breach any provisions of these Terms and Conditions of Use, misuse the Web Site or its Service in any way, or use the Web Site or its Service in any way that interferes or interrupts the proper use of the Web Site or its Service by others. Misuse of the Service may cause irreparable harm to Provider, for which monetary damages will not be a sufficient remedy. As a result, in addition to any other remedies, Provider will be entitled to injunctive relief to prevent misuse of the Service.
29. Remedies for Violations.
Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the Provider's Web Sites and their features.
30. Unlawful Activity.
Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
31. Governing Law, Jurisdiction and Non-Waiver.
These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of Texas and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.
32. Privacy.
Your use of the Web Site is also subject to Provider's Privacy Policy.
33. Modifications to Terms of Use.
Provider reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes
34. Severability of Provisions.
These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Web Site and constitute the entire agreement between you and Provider with respect to access to and use of the Web Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
35. Non-Assignment.
These Terms and Conditions of Use are not assignable or transferable and may not be sublicensed by you without Provider's prior written consent. Provider may assign