Client(s) acknowledge that Saxton Law, PLLC is unable to file Client(s) bankruptcy case until the following steps are completed. Failure to take the following steps promptly will prevent filing or cause your case to be dismissed:
- Client(s) must fill out all requested forms in full, and provide them to Saxton Law, PLLC before we can open up your Saxton Law, PLLC bankruptcy file.
- Client(s) must provide the costs and fees to Saxton Law, PLLC before we can file your bankruptcy case.
- Client(s) must provide all documents, if any, requested by Saxton Law, PLLC. Please open all envelopes, flatten out the documents, and do NOT use any staples.
- Client(s) must provide the above-described items all together at one time, not piecemeal. If the items are not complete, we will return them to you.
- Your petition will be prepared in the order in which it is received. We estimate that your case will be ready to file in about THIRTY (30) days from when your final payment is received or your final MyChapter submission, whichever is later.
- Client(s) must take the mandatory Credit Counseling course and provide Saxton Law, PLLC with the certificate of completion before we file your case in the bankruptcy court. Please be aware that the certificate is only good for 180 days prior to filing.
- After we prepare your bankruptcy petition, you must read and sign the bankruptcy petition and schedules prior to filing your bankruptcy case with the bankruptcy court.
- I/we understand that a consultation does not mean that I filed bankruptcy.
- I/we understand that giving Saxton Law, PLLC the documents and fees does not mean that we filed bankruptcy.
- I/we understand that I must schedules all assets. This includes lawsuits, potential lawsuits, and administrative claims.
- I/we understand that I must schedule all debts. This includes debts secured by property I want to keep, such as my house and car.
- I/we understand that I have an ongoing duty to disclose inheritances and legal claims after filing the bankruptcy case.
- I/we understand that taxes, generally, are not dischargeable.
Client(s) acknowledge that they must take the following steps to protect their interests:
- I/we understand that I must continue to make payments on debts secured by property I want to keep. As many lenders will discontinue online accounts, I understand that I may need to either call in or mail in payments. If I file Chapter 13, my attorney and I will discuss in advance whether those payments are included in the Chapter 13 plan. Client(s) do not have to make payments on credit cards, which could be canceled, medical bills, or other unsecured debts.
- I/we understand that I must keep receipts for payments on secured property.
- I/we understand that if I have filed Chapter 13, the first payment is due to the trustee within 30 days of filing.
- I/we have disclosed on the form below a list and description of all important dates, deadlines, and/or timelines with Saxton Law, PLLC.
- I/we have disclosed on the form below all previous bankruptcy filings, if any, with Saxton Law, PLLC.
- Clients(s) must not sell, give away, or transfer any property prior to filing bankruptcy or within 180 days after filing bankruptcy without consulting with me first.
- Client(s) must provide the full name and mailing address including zip code of all creditors so that they can be notified of the bankruptcy, or the debts will not be discharged.
- If the Client(s) requests that additional creditors be added after the case is filed, the Bankruptcy Court will charge an Amendment Fee, which must be paid to Saxton Law, PLLC in advance.
- Client(s) must open and read all mail from creditors and the court, and inform Saxton Law, PLLC promptly of all court dates and pending legal actions.
- Client(s) must keep all documents from creditors including statements received prior to filing bankruptcy and also while the bankruptcy is pending.
- Client(s) must open and read all mail and e-mail from Saxton Law, PLLC promptly and call or e-mail us with any questions.
- Client(s) must attend the Meeting of Creditors (341 Hearing) via Zoom (meeting with the trustee) or the case will be dismissed without a discharge.
- Client(s) must provide their driver’s license and Social Security card before we can file your bankruptcy case. A birth certificate or passport is not an acceptable substitute.
- Client(s) must take the mandatory Debtor Education course after filing, and provide Saxton Law, PLLC with the certificate of completion within 45 days after the Meeting of Creditors (341 Hearing), or the case will be dismissed without a discharge.
- I/we acknowledge receipt of the Required Notices required by 11 USC §§ 527(A)(2) and 527(B) and §342(b), and the Bankruptcy Information Sheet provided by the U.S. Trustee’s Office. (attached to the MyChapter questionnaire email)
- I/we authorize Saxton Law, PLLC with your power of attorney to sign court or other legal documents which may be required in the course of the case. Also, you also designate our law firm as your attorney-at-law and in-fact to act in your name, sign legal pleadings on your behalf and to perform the acts necessary and appropriate to effect the legal representation.
- I/we agree to attempt to resolve any dispute, claim or controversy arising out of or relating in any way to this Agreement or the representation of the parties by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. I/we further agree that good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
I/we acknowledge that I/we have carefully read, fully understand, and agree to each line above and consent to the terms and conditions set out for this engagement. I hereby grant and give my informed consent to proceed as proposed herein. I have been given no warranties or guarantees about the outcome of the matter. I understand that statements which the attorney may have about the most probable outcome of the matter are only opinion. I give my informed consent to electronic communications. Randall R. Saxton, Esq. has communicated and adequately explained the proposed course of action set forth in this engagement and has explained all material risks of and available alternatives to the proposed plan for resolving my bankruptcy matters.