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
Mary Heare Amodio 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 will also advise you if the circumstances
of your case are sufficiently complex to require you to obtain full
legal representation. After the initial interview, you may ask the attorney
any questions that arise during the course of
your bankruptcy by either by email (preferably) or by telephone.
What Services Aren’t Provided Under Your
Affordable Attorney Advice Contract?
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.
• Converting your case to a Chapter 13 bankruptcy.
• Cases requiring a means test (See below for more information).
Affordable Attorney Advice is only intended to assist with simple Chapter
7 cases that don’t include such extra procedures. The attorney
will not coach you through these procedures. Also, the attorney will
only respond to questions; he will not review
any of 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 listed below you will
need to take a means test, available at www.legalconsumer.com. The means
test will help you determine whether you qualify for Chapter 7 or whether
you would be 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 $75 of your fee.
We will keep $75 to cover our administrative handling expenses.
To determine whether or not you need to take the means test, compute
your household’s average gross monthly income (from all sources)
for the past six calendar months. 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: $47,683
• Two person household: $61,539
• Three person household: $66,050
• Four person household: $74,806
• Plus $7,500 for each additional member of the house.
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),
• Provide your petition preparer with complete and truthful information
about all of your debts, property and economic transactions over the
previous year or two.
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, and medical debts. These debts are listed
on Schedule F. Priority unsecured debts are taxes first due within the
previous three years, back child support or spousal support/alimony
(in addition to a few other categories such as student loans). These
debts are listed on Schedule E.
How Do You Sign Up with Affordable Attorney Advice?
You complete and mail the following documents and payment to our office:
• The debt-relief agency contract,
• A completed customer worksheet, and
• A cashier’s check or money order for
$150, payable to:
• Affordable Attorney Advice Or Mary Heare Amodio.
Are The Fees Refundable?
Generally, the $150 fee is non-refundable. However, if it appears early
in the process that you are not eligible for our service, we will consider
a partial refund of the fee. In all cases, a minimum of $50 will be
retained to cover the administrative expense
associated with each case.
What Turn Around Time Should You Expect?
Upon receipt of your contract, worksheet and payment, the Affordable
Attorney Advice office manager 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 within a week to ten (10)
days after we receive your payment and paperwork. On occasion it may
take a somewhat longer time, up to two weeks, for
you to meet with the attorney by phone.
What If You Have An Emergency?
If you are facing eminent foreclosure, car repossession or wage garnishment,
tell your bankruptcy petition preparer and they will notify us separately.
An additional $50 fee is required for our assistance with an emergency
filing. When notified by BPP of the emergency filing we will endeavor
to respond as quickly as possible. (The office manager and BPP discuss
and agree upon the transmission of the fee
and paperwork.) If you have been sued by a creditor your request will
not qualify as an emergency.
What Should You Do About Creditors Who Are Calling
You?
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.”)
What Should You Say When Asked to Identify Your Attorney?
The AAA attorney’s only role is to provide you with advice in
regard to your bankruptcy filing. For all other purposes you are your
own attorney and should list yourself as the attorney in all aspects
of your bankruptcy filing. The attorney at Affordable Attorney Advice
will not accept calls from creditors.