What Is Affordable Attorney Advice?

Affordable Attorney Advice provides legal information and advice about Chapter 7 bankruptcy to people who are using the services offered by California bankruptcy petition preparers (BPPs). See below for more on the services provided by BPPs and Affordable Attorney Advice.

 

What Services Does Affordable Attorney Advice Offer?

Affordable Attorney Advice offers an initial interview with attorney and author Stephen R. Elias in order to identify any problems you might encounter and to provide you with the information you’ll need to handle your own bankruptcy. Upon completion of the interview, you will be sent a written report containing the information you provide, and the advice you receive. The attorney also will advise you if the circumstances of your case are sufficiently complex to require full legal representation. After this initial interview, you are entitled to ask the attorney any questions that arise in the course of your bankruptcy—either by email (preferably) or by telephone.

 

What Services Aren’t Provided By Affordable Attorney Advice?

Some cases involve extra procedures such as obtaining an order by the bankruptcy judge or appearing before a judge at a hearing. Examples include:

• getting rid of a lien that has been placed on your home by a judgment creditor,
• requests for court actions by creditors (motions),
• requests by you to reopen your case for some reason, and
• converting your case to a Chapter 13 bankruptcy.

Affordable Attorney Advice is only intended for Chapter 7 cases that don’t include such extra procedures, and the attorney will not coach you through these procedures. Also, the attorney will only respond to questions; he will not review your bankruptcy or financial paperwork.

 

The Means Test - Do I Qualify for Affordable Attorney Advice Services?

If your income does not fit within the guidelines below you will need to take a means test, available at www.legalconsumer.com. The means test will determine whether you qualify for Chapter 7 or whether you are required to file under Chapter 13. We do not handle means test cases. If for some reason, you apply for our services and your income requires the means test we will refund all but $25 of your fee. We will keep $25 to cover administrative handling expenses.
To determine whether you need to take the means test, compute your household’s gross average monthly income from all sources over the past six calendar months and multiply that figure by two. Generally, a household consists of one or more persons who share income and expenses and live under the same roof. You have to take the means test if your income exceeds the figures in the following chart:

One person household: $47,234

Two person household: $61,954

Three person household: $67,562

Four person household: $77,596

Add $7500 for each additional member of the household.

 

What Is Your Role as a Self-Represented Bankruptcy Filer?

Because of rules governing the practice of law, the only legal alternative to attorney representation is self-representation. As a self-represented filer, you are responsible for your own case. This means that you’ll have to:

• abide by the bankruptcy court’s rules,
• cooperate fully with the bankruptcy trustee (the official who is in charge of your case), and
• provide your petition preparer with complete and truthful information about all your debts, property and economic transactions over the previous year or two.

Leaving debts or property out of your bankruptcy petition is not an option. You should also follow the AAA attorney’s recommendations (see below)

 

Can You Leave Any Debts Or Property Out Of Your Bankruptcy Petition?

Leaving debts or property out of your bankruptcy petition is not an option. All debts and property must be disclosed. Bankruptcy law will then determine what happens to them. For instance even though you have to list your car, you usually will be able to keep it as long as you take certain actions. The same is true for your house. Even debts that you can’t discharge, such as recent taxes or child support must be listed on the appropriate schedules.

 

How Will You Know What Debts to Put in What Schedules?

There are three categories of debt: secured debt, unsecured debt and priority unsecured debt. Secured debts are debts secured by collateral, as with a mortgage or car note. Those creditors must be listed on Schedule D. Unsecured debts are debts that don’t involve collateral, such as credit cards, judgments, medical debts, and student loans. These debts are listed on Schedule F. Priority unsecured debts are taxes first due within the previous three years and back child support or alimony (in addition to a few other categories). These debts are listed on Schedule E.

 

What Services Should You Expect From Your Petition Preparer?

Bankruptcy petition preparers help you organize your personal and economic information and enter it into the official bankruptcy forms. They also can provide guidance on how to file the forms with the bankruptcy court. They cannot, however, provide you with legal advice or information of any kind. Only an attorney is authorized to provide that information.

 

How Do You Sign Up with Affordable Attorney Advice?

You sign and mail to the Affordable Attorney Advice office:

• The debt-relief agency contract.
• A completed customer worksheet.
• A cashier’s check or money order for $100.

This payment is non-refundable. On occasion, a portion of the fee may be refunded at our discretion, depending on the circumstances. Use first class mail or U.S. Post Office priority mail with confirmation of delivery. Do not use U.S. Post Office Certified mail with confirmation of delivery or Federal Express.

 

What Turn Around Time Should You Expect?

Upon receipt of your contract, worksheet and payment, the Affordable Attorney Advice office scheduler will call you to go over your worksheet and schedule an appointment for your telephone interview with the attorney. You should expect to talk with the attorney in about a week from the time you mail your papers, although on occasion it may take a somewhat longer time, up to two weeks.

 

Is The $100 Attorney Advice Fee Refundable?

The $100 fee is non-refundable. However, if it appears early in the process that you are not eligible for our service, we will endeavor to refund up to $75. In all cases a minimum of $25 will be retained to cover the administrative expense associated with each case.

 

What If You Have An Emergency?

If you are facing a foreclosure, car repossession or wage garnishment, tell your petition preparer and they will notify us separately. Upon notification of the emergency we will respond as soon as possible. The mere fact that you have been sued by a creditor does not qualify as an emergency.

 

What Should I Do About Creditors Who Are Calling Me?

Once they learn that you have filed your bankruptcy, creditors and collection agencies will stop calling you. In the meantime, to stop your creditors from calling you, tell them the following: “I hereby demand that you stop calling me under authority of the California Civil Code Section 1788.10-.18 and the Fair Debt Collection Practices Act, Title 15 United States Code, Section 1692c.” Immediately hang up after telling them that. If necessary follow this up with a letter to the same effect. You can use this same approach if they are calling your place of employment (i.e., “I hereby also demand that you cease calling my place of employment on the ground my employer does not allow it.”)

 

If I’m Married, Do We Have to File Together?

No. You can file separately or only one of you can file. However, if you are living in a state that has community property laws (community property states are usually found in the west), you must include all your community property in your bankruptcy. As a general rule, community property is all property, including income that either spouse receives while you are living together after you are married. Exceptions are gifts and inheritances received by a spouse.

 

What Should You Say When Asked to Identify Your Attorney?

The AAA attorney’s only role is to provide you with advice in your bankruptcy. For all other purposes you are your own attorney and should list yourself as attorney in these and other situations. The attorney at Affordable Attorney Advice will not accept phone calls from creditors.