REMINDERS

These reminders are for your protection. If you have any doubts or questions, send me an email:

KOKLAW@GMAIL.COM

DON'T LET ANYONE GIVE YOU ANYTHING OF VALUE!
In a Chapter 7 case several years ago, a client said, "My dad bought me a car to use during my case. He even titled it in my name!" In that case, it was impossible to exempt the car, so the bankruptcy Trustee took it and sold it. There are other ways to handle these situations, always talk to me first.

KEEP YOUR HANDS OFF THE PLASTIC.
Do not, under any circumstances, incur any more debt. That means no credit card use, no store cards, and no new loans. Don't borrow money from anyone-period. Doing so may delay the filing of your bankruptcy petition and subject you to potential criminal bankruptcy fraud charges. This restriction does not apply to debit cards.

DO NOT SELL, TRANSFER, BORROW AGAINST OR OTHERWISE GET RID OF ANYTHING!
When you file for bankruptcy, all of your property transfers are subject to review. Any property transfers made within certain periods of time before filing a case are considered improper, and can subject you (and the person to whom you give the property) to civil and criminal action.

WHAT TO DO ABOUT PHONE CALLS FROM CREDITORS AND BILL COLLECTORS.
Collection agencies are regulated by the Fair Debt Collection Practices Act, or FDCPA.
This law makes it illegal for those collecting debts owed to someone else to contact you once you tell them you are represented by a lawyer. As soon as you hire me, you can tell collectors that I represent you, and give them my EMAIL ADDRESS. Although the law prohibits further contact, collectors frequently violate the FDCPA and continue harassing people like you. Therefore, it is important that you keep a record of every phone call that comes in from a collector, and that you keep all letters you receive. if a collector takes any illegal action - including phone calls and letters, I can represent you in taking action against them. But, you need to make a record of everything, keep copies of all documents, so we can prove they violated the law.

WHAT ABOUT CAR LOANS AND HOUSE PAYMENTS?
In a Chapter 7 case, if you want to keep property that is secured by a loan, such as your car or home, you should continue to make the loan payments on time. In a Chapter 13 case, we will be dealing with missed payments in the Plan. If you are current in your payments, you can continue paying directly. If you have any questions about whom to pay, contact me! Remember, bankruptcy discharges your personal liability. it does not discharge "property liability" or liens. If there is a lien against property, the creditor cannot collect against you personally if that debt has been discharged, but the creditor can still take the property. So, if you do not pay, the property can be repossessed.

AUTOMATIC DEBITS/PAYMENTS DEDUCTIONS FROM YOUR BANK ACCOUNT?
If you have any payments or automatic debits taken directly from your bank account or charged to a credit card, then you should immediately stop those payments. you must contact your bank and the creditor directly to do so. you should always follow up immediately in writing to confirm that you want the payments stopped. You may need to close your current bank account and open a new one if the automatic deductions do not stop, so be careful and monitor your accounts. if you do, make sure that all checks you have written have cleared before you close the account, so that you do not bounce any checks.

IF YOU HAVE AN ACCOUNT AT A BANK OR CREDIT UNION THAT YOU OWE MONEY TO
If you have an account at a bank or credit union, or other financial institution where you owe money on a credit card, loan, or any other type of debt, YOU MUST CLOSE ALL ACCOUNTS AT THAT PLACE. IF NOT, YOU MAY LOSE ALL THE MONEY IN ALL THE ACCOUNTS YOU HAVE THERE, AND ANY MONEY YOU DEPOSIT IN ANY OF THOSE ACCOUNTS IN THE FUTURE.
Again, you should be sure that all the checks you have written have cleared.

WHEN WILL YOU STOP RECEIVING BILLS?
As soon as your bankruptcy is filed with the Court, an automatic stay goes into effect. This stay prohibits most creditors from attempting to collect a debt, which includes sending you statements, notices, correspondence, and any verbal communication. Therefore, if you are planning to keep a car or house, you will have to make that payment even if you do not receive a monthly statement or bill.

OPEN YOUR OWN FILE!
You should start a file in which to keep all documents about your bankruptcy. this includes our fee agreement, our letters to you, copies of any papers you get from the Court, and the discharge you get at the end of the case. You should keep this file for at least ten years, as your bankruptcy can remain on your credit record for that long. It is likely that you will need some of these records some time in the future. After your case is completed, I charge $50 for providing you copies.

CHANGE OF ADDRESS, PHONE, EMAIL
IF YOU MOVE, CHANGE YOUR MAILING ADDRESS, TELEPHONE NUMBER, OR EMAIL ADDRESS, YOU MUST IMMEDIATELY NOTIFY ME. IT IS EXTREMELY IMPORTANT THAT I BE ABLE TO COMMUNICATE WITH YOUI. IF YOU HAVE MOVED OR CHANGED YOUR TELEPHONE NUMBER AND DO NOT NOTIFY ME, THEN THE LIKELIHOOD OF THE SUCCESS OF YOUR CASE IS HURT.