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Southern Fairfield Office: 500 West Putnam Ave. Suite 400 Greenwich, CT 06830 • Tel: (203) 542-7210 |
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Fax: (203) 930-3603 • Email: info@dominickrendina.com
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The offices of Dominick Rendina - Attorney At Law is a federally designated DEBT RELIEF AGENCY as defined in the 2005 amendments to the US Bankruptcy Code. This law firm provides legal advice regarding the filing of bankruptcy and represents individuals and businesses in filing for bankruptcy relief under the US Bankruptcy Code. Click here:
DEBT RELIEF AGENCY
Under the Federal Fair Debt Collection Practices Act (FDCPA), a collection agency acting on behalf of the creditor is prohibited from the following actions:
1. Third-party communications: A collection agency may not contact third parties such other than the debtor's attorney or credit bureau for any reason other than to locate the debtor. Collection agents who contact third parties must state the name and may only add that they are confirming or correcting information about the debtor. Collection agencies are not permitted to:
2. Debtor Represented by an Attorney: If you are represented by an attorney in a bankruptcy or collection-related matter, a collection agency is prohibited from contacting the debtor directly unless the debtor gives the collection agency consent to do so.
3. Communications with the Debtor: Collection agencies and their agents are prohibited from contacting debtors before 8:00 a.m. or after 9:00 p.m., or at any other inconvenient time and/or place. Collection agents are prohibited from contacting the debtor at his place of employment.
4. Threats or Abuse: Collection agents are prohibited from threatening you engaging in the use of threats of violence against the debtor and are prohibited from the use of obscene profane language. Agents are purgative from posting a debtor's name on a form of blacklists are other similar public posting. Agents are prohibited from repeatedly calling or contacted Governor without properly identifying themselves as bill or debt collectors.
5. False Statements: Debt collectors are prohibited from making a falsely imply that they are an Attorney or Government Agent. They cannot make misrepresentations of fact such as false statements pertaining to the character, amount or legal status of the debt.
6. Inaccurate Credit Report Information: When debt collectors report your credit information they are prohibited from failing to report that the debt is in dispute as mandated under the law. Many debt collectors continue to attempt to collect a debt after it has been discharged in bankruptcy in violation of the law.
| Debt Relief Agency Disclosures Required by 11 USC §527(b) |
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IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY The following information explains what must be done in a routine bankruptcy case to help you evaluate how much service you need. 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 decide 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 (Petition, Schedules, Statement of Financial Affairs, and in some cases a Statement of Intention) must 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 must 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. 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 preparing your Chapter 13 plan and with the confirmation hearing on your plan, which 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 should consult someone familiar with that type of relief. Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only lawyers, not bankruptcy petition preparers, can give you legal advice.
1. Services Available from Credit Counseling Agencies With limited exceptions, §109(h) of the Bankruptcy Code requires that all individual debtors who file for bankruptcy relief on or after October 17,2005, receive a briefing that outlines the available opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days before the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted by telephone or on the Internet) and must be provided by a nonprofit 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. 2. The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors Chapter 7: Liquidation 2. Under chapter 7, you may claim certain of your property as exempt under governing law. A trustee may have the right to take possession of and sell the remaining property that is not exempt and use the sale proceeds to pay your creditors. 3. The purpose of filing a chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny your discharge and, if it does, the purpose for which you filed the bankruptcy petition will be defeated. 4. Even if you receive a general discharge, some particular debts are not discharged under the law. Therefore, you may still be responsible for most taxes and student loans; debts incurred to pay nondischargeable taxes; domestic support and property settlement obligations; most fines, penalties, forfeitures, and criminal restitution obligations; certain debts which are not properly listed in your bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of fiduciary duty, or theft, or from a willful and malicious injury, the bankruptcy court may determine that the debt is not discharged. Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income 2. Under chapter 13, you must file with the court a plan to repay your creditors all or part of the money that you owe them, using your future earnings. The period allowed by the court to repay your debts may be three years or five years, depending upon your income and other factors. The court must approve your plan before it can take effect. 3. After completing the payments under your plan, your debts are generally discharged except for domestic support obligations; most student loans; certain taxes; most criminal fines and restitution obligations; certain debts which are not properly listed in your bankruptcy papers; certain debts for acts that caused death or personal injury; and certain long term secured obligations. Chapter 11: Reorganization Chapter 12: Family Farmer or Fisherman ($200 filing fee, $39 administrative fee: Total fee $239) 3. Bankruptcy Crimes and Availability of Bankruptcy Papers to Law Enforcement Officials EXHIBIT B Section 521 of the Code sets out the Debtor's duties related to the filing of a bankruptcy case. A copy of the section is attached to this writing. As you fill out these schedules and statement of affairs, you should keep the following in mind: 1. Completing the income and expense pages accurately and completely is critical. |