Terms of Use and Visitor Agreement

WE ARE A DEBT RELIEF AGENCY. WE HELP PEOPLE FILE FOR BANKRUPTCY RELIEF UNDER THE BANKRUPTCY CODE.

If you are an average consumer, this page may not be very interesting to you but you should read it anyway. If you are a young lawyer looking for the web site of an experienced and highly capable Consumer Law firm so you can copy their content and pretend you wrote it up yourself, even though they have more than 30 years of experience and you don’t, then you definitely should read this page.

Terms of Use and Visitor Agreement

ATTENTION: PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

1. USE OF THIS SITE. You agree to abide by this Terms of Use Agreement, as may be amended from time to time ("Agreement") when using www.DaytonBankruptcyHelp.com and www.CintiBankruptcyHelp.com (this "Site") and any and all other web sites and URL’s owned or operated by Burdge Law Office Co LPA ("Firm," "we" or "us"), including web sites and URL’s not specifically listed in this section paragraph. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this Site, the content, products or services provided by or through this Site, and the subject matter of this Agreement. The information and features included in this Site have been compiled from a variety of sources, are for informational purposes only, and are subject to change at any time without notice. This Site and all information it contains are provided "AS IS." By accessing or linking to this Site, you assume the risk that the information on this Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. By accessing or linking to this Site at any time subsequent to the first time of accessing or linking by you, you agree that all the sections of this Terms of Use Agreement applies to your current accessing or linking and also to all your prior times of accessing or linking by you or any person authorized by you. This Site may not be compatible with your web browser or other software that you use. There is no guarantee that the Site will be available on a consistent basis. This Site may be subject to periods of interruption, poor performance, or down time for periodic maintenance, and this Site or any information or products and services contained therein may be removed at any time.

THIS WEBSITE IS AN ADVERTISEMENT OF LEGAL SERVICES, and all of the materials and information on the Site are provided for informational purposes only, and may not reflect current legal developments or variances in the law of jurisdictions outside of the Bankruptcy Courts in Dayton and Cincinnati, Ohio. Nothing on the Site should be construed as legal advice or used as a substitute for legal advice. The materials and information on the Site do not necessarily reflect the opinions of the attorneys of Burdge Law Office, their partners, clients or affiliates. The information in the Site is not guaranteed to be correct, complete or up to date. The Site is not intended to, and does not, constitute or create an attorney-client relationship between you and the attorneys of any of Burdge Law Office, their partners, employees, agents or affiliates, or any other attorney associated with the Site. Additionally, the mere receipt of an e-mail from or to, or a "post" on the Site, does not create an attorney-client relationship. Burdge Law Office is solely responsible for providing its services to you, and you agree that Burdge Law Office shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the Site (including, without limitation, claims based on malpractice). You should not act or rely on the basis of any information on the site without seeking and retaining the advice of an attorney.

2. COPYRIGHT AND TRADEMARKS. The content, information, organization, graphics, designs, compilation, digital conversion and other materials published on or used on this Site, including, but not limited to, articles, opinions, text, directories, guides, photographs, illustrations, graphics, video, images, sound, as well as the trademarks, logos, domain names, trade names, service marks, and any other forms of intellectual property (collectively, "Materials") are owned by the Firm, its affiliates, partners and others, and are protected by law.

UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DUPLICATING, EXPLOITATION, DISPLAY, OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED. PLEASE NOTE THAT THIS PROVISION ONLY APPLIES TO SITE MATERIALS AND DOES NOT INCLUDE MATERIALS FOUND THROUGH LINKING TO ANOTHER SITE NOT OWNED BY THE FIRM. FOR PURPOSES OF CLARIFICATION; ALL FORMS, APPLICATIONS, DOCUMENTS, CONTENT, AND INFORMATION ACCESSED BY YOU VIA HYPERLINKS FROM THE SITE, THAT LINK TO ANOTHER ENTITY’S WEB SITE, ARE THE PROPERTY OF THE RESPECTIVE ENTITY. THE FIRM MAKES NO OWNERSHIP CLAIMS TO SUCH OTHER WEB SITE INFORMATION.

You do not and can not acquire any ownership rights to any Materials viewed through this Site without our express written permission, or the express written permission of the appropriate owner. The posting of Materials on this Site does not grant you any express or implied license to the Materials, other than to view the materials for your personal information and education, and the presence of Material on this Site does not constitute a waiver of any of our rights to the Materials. All rights in the Materials, including any moral rights, are expressly reserved. By accessing or linking to this Site at any time subsequent to the first time of accessing or linking by you, you specifically agree that this section 2 of the Terms of Use Agreement applies to your current accessing or linking and also applies to all your prior times of accessing or linking by you or any person authorized by you.

COPYRIGHT INFRINGEMENT IS A SERIOUS OFFENSE. BY VIEWING AND THEN COPYING OF ANY OF THE CONTENT OF THIS SITE YOU WILL BE CONSIDERED A WILLFUL INFRINGER UNDER U.S. COPYRIGHT LAW, WHICH ALLOWS US TO SEEK UP TO $150,000 PER OFFENSE UNDER UNITED STATES CODE, TITLE 17, CHAPTER 5, IN ADDITION TO ATTORNEYS' FEES, COSTS AND OTHER RELIEF. WE WILL TAKE AGGRESSIVE LEGAL ACTION TO PRESERVE OUR INTELLECTUAL PROPERTY RIGHTS BY SEEKING ALL AVAILABLE REMEDIES.

3. THIRD PARTY AND AFFILIATED WEB SITES. We have no control over, and no liability for any third party web sites or materials, including advertisers. We work with a number of affiliates, sometimes including advertisers, for whom we may place links on this Site to their web sites. We have no control over the content and performance of these affiliate sites and make no guarantees, representations or warranties about the accuracy, currency, content, or quality of information provided by such sites, any products or services provided by such web sites, any results that may be obtained from using such web sites, the legality of the products or services provided by such sites, or the privacy or other practices of such web sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Unless expressly so stated, the inclusion of a linked site is for your convenience only and is not intended and should not be construed as an endorsement or recommendation of the linked site or its content. If you decide to access any of the third party sites linked to this site, including those that we recommend, you do so entirely at your own risk, and our recommendation does not constitute a guaranty or warranty of their services or products. The inclusion of a linked site of a governmental agency, including but not limited to any state department is also done for your convenience. Our linking to such a site should not be confused with the fact that we are a private, non governmental for profit business unrelated to such governmental agency or state department.

THE FIRM AND ITS AFFILIATES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, CONTENT, PRODUCTS, SERVICES OR AVAILABILITY OF INFORMATION FOUND ON THIS SITE AND ON OTHER WEB SITES THAT LINK TO OR FROM THIS SITE. THE FIRM AND ITS ATTORNEYS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, INFORMATION THAT YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY WEB SITE. THE FIRM AND ITS ATTORNEYS IS NOT RESPONSIBLE FOR ANY CUSTOMER SERVICE CONCERNING SERVICES FROM WEB SITES OWNED OR OPERATED BY ANY THIRD PARTY.

4. LINKING POLICY. The Materials on this Site contain intellectual property that is protected from unauthorized use, copying and dissemination by copyright, trademark and other laws. If you link to this Site, we require that you follow these guidelines. The link to this Site must not damage, dilute or tarnish the goodwill and reputation associated with the Firm and its Attorneys, this Site, or any affiliated web sites or companies, or any intellectual property of the foregoing, nor may the link or a reference to the link include a false statement that your web site and/or organization is sponsored, endorsed by, affiliated and/or associated with the Firm or its attorneys or this Site, or any affiliated web sites or companies. You agree that you will not link to this Site from any source that is unlawful, abusive, indecent or obscene, or that promotes violence or illegal acts, or that contains expressions of racism, or that is libelous, defamatory, scandalous, inflammatory or otherwise inappropriate. Under no circumstances may you frame this Site or alter its intellectual property or content in any way. We are not responsible for the content of any web site that may link to this Site.

5. LIMITED LICENSE AND PROHIBITED ACTIONS. You are granted a non-exclusive, nontransferable, revocable license (1) to access and use the Site strictly in accordance with these Terms and Conditions; (2) to use the Site solely for internal, personal, noncommercial purposes; and (3) to print out discrete information and search results from the Site solely for internal, personal, noncommercial purposes and provided that you maintain all copyright and other notices contained therein. We impose certain restrictions on your permissible use of this Site. You are prohibited from violating or attempting to violate any security features of this Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of this Site, or any associated network or system, or to breach security or authentication measures without proper authorization; © interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, flooding, spamming, mail bombing, or crashing; (d) using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information of any e-mail; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Firm in providing this Site. Any violation of system or network security may subject you to civil and/or criminal liability. You are prohibited from violating or attempting to violate any section or paragraph of this Terms of Use and Visitor Agreement.

6. WARRANTY DISCLAIMER. THE SITE AND ALL SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE FIRM AND ITS ATTORNEYS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, THE FIRM AND ITS ATTORNEYS DO NOT REPRESENT OR WARRANT, AND DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (I) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, SERVICES, OR ANY DATA, INCLUDING, BUT NOT LIMITED TO, TECHNICAL OR OTHER INACCURACIES, NOT UP TO DATE INFORMATION, OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE OR ANY OF THE SERVICES; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER THAT MAINTAINS THE SITE; (iv) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREFROM; AND (v) YOUR USE OF THE SITE, OR ANY SERVICES, OR DATA. FURTHER, THE FIRM AND ITS ATTORNEYS DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS, ECONOMIC OR OTHERWISE THAT MAY BE OBTAINED BY USE OF THE SITE, SERVICES, OR ANY DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN SOME TRANSACTIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.

7. LIMITATION OF LIABILITY. THE FIRM AND ITS ATTORNEYS AND ANY RELATED ENTITIES SHALL NOT BE LIABLE FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE OR SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION OR THEORY. IN NO EVENT SHALL THE FIRM OR ITS ATTORNEYS OR ANY RELATED ENTITY BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF THIS AGREEMENT, THE USE OR INABILITY TO USE THIS SITE, THE MATERIALS OR ANY SERVICES, THIRD PARTY PRODUCTS OR SERVICES, WEB SITES LINKED TO OR FROM THIS SITE, OR FOR ANY BREACH OF WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES IN SOME TRANSACTIONS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT YOU WILL NOT HOLD THE FIRM OR ITS ATTORNEYS OR ANY RELATED ENTITY RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THIS SITE, THIRD PARTY PRODUCTS OR SERVICES, OR WEB SITES LINKED TO OR FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY SERVICE PROVIDERS AND ADVERTISERS, THOSE WITH WHOM THE FIRM CONTRACTS TO OPERATE VARIOUS PORTIONS OF THIS SITE, AND THOSE TO WHOM THE FIRM PROVIDES LINKS FOR CONTENT, ADVERTISING AND/OR ANY OTHER TYPE OF DATA OR INFORMATION.

ANY RELIANCE UPON ANY ADVISE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OR OTHER MATERIALS ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.

BY ACCESSING THIS WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (TO THE FULL EXTENT THAT IT MAY EVEN BE APPLICABLE), WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

8. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE FIRM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) INCURRED BY THEM IN CONNECTION WITH ANY CLAIM, THREATENED CLAIM, DAMAGES, OR OTHER LOSS ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS CONTAINED HEREIN OR A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS SITE AND/OR YOUR USE OF THE MATERIAL IN VIOLATION OF THESE TERMS OR FOR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. YOU WILL COOPERATE AS FULLY AS REASONABLY REQUIRED IN DEFENSE OF ANY SUCH CLAIM. THE FIRM RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF THE FIRM.

9. COMMENTS AND INQUIRIES AND RELATIONSHIP AND PARTICIPATION. Any response from the Firm to any inquiries are for information and educational purposes only and should not be interpreted as advice of any type. Use of this site and communication with the Firm and its attorneys does not constitute an attorney-client relationship. Your submission of information to the Firm or its attorneys and/or your use of this web site does not create an attorney/client relationship between you and the Firm. Nothing on this web site should be construed as legal advice. You should always consult with an attorney before drawing any conclusions about your particular situation. The Firm and its attorneys are not your attorneys unless and until the terms of our attorney-client agreement are confirmed in writing by you and by the Firm.

By submitting information to, reading, participating, or otherwise using the Site, you agree that you will abide by the following rules:

The Site may only be used in good faith and may not be used to transmit or otherwise make available any information that is false or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), to threaten, abuse, harass, or invade the rights of any person or entity, to infringe on any person or entity's intellectual property rights, or in any other way that could reasonably be deemed unethical, illegal, or offensive.
You may not misidentify yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (e.g., pretend to be a different person or from a different company or organization).

Unless you have our prior written consent, you will not post advertisements or promotional materials, solicit participants and/or visitors of the Site, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or its Services, use of the Site or it Services, or access to the Site or its Services.

You are prohibited from using any type of computer "worm," "virus" or any other device that is intended or is likely to disrupt, overload, or otherwise impair the workings of any part of the Site. If you do engage in such conduct, the resulting damage will be hard to quantify as a dollar amount and thus you hereby agree to pay us liquidated damages in the amount of $5,000 for each day that the Site is damaged until the Site is completely repaired. This amount is derived by estimating the value of (1) the loss of good will caused by an inoperable site, and (2) the time and money it will take to repair the Site and to address the concerns of visitors. We are required to use reasonable efforts to repair the Site as quickly as possible. This clause will not prohibit us from seeking additional compensation if your conduct injures us in a way not expressly contemplated herein.

You are not permitted to collect or store personal data about other users.

You are not permitted to access the Site for the purpose of data mining or extracting content from the Site beyond your personal end use.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site.

You shall not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

In the event you submit information through the Site, you agree to provide true, accurate, current and complete information and agree to promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, and/or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your participation in the Site and/or refuse any and all current or future use of the Site or its services (or any portion thereof), and if an attorney-client relationship has been entered into between you and the Firm, then we have the right to terminate that relationship.

10. NOTICES. Communications made through this Site or the Site's e-mail or messaging system shall in no way be deemed to constitute legal notice to the Firm or its attorneys or any of its officers, employees agents or representatives, such as where notice to the Firm is required by contracts, or any Government laws, rules, or regulations. All legal notices should be directed to our corporate address: Burdge Law Office Co LPA, 2299 Miamisburg Centerville Road, Dayton, Ohio 45459-3817.

11. PRIVACY POLICY. We respect your privacy. A complete statement of our current Privacy Policy can be found by clicking on the link to it at the bottom of any Site page. The Firm's privacy policy is expressly incorporated into this Agreement by this reference.

12. JURISDICTION/GOVERNING LAW. This Agreement shall be treated as though it were executed and performed in Dayton, Ohio and shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law principles. You hereby irrevocably consent to the exclusive jurisdiction of the state courts in Dayton, Ohio in all disputes arising out of or related to the use of this Site. You and the Firm agree that any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises, otherwise it will be forever waived and barred.

13. MODIFICATION OF TERMS. The Firm reserves the right to revise this Agreement at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions; therefore, you should visit this page from time to time to review the then-current Agreement. This Agreement and any modifications thereto are valid and binding upon you.

14. SEVERABILITY-WAIVER. If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. To the extent that anything in or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

15. Acknowledgment. By accessing this site or using the information or services available through this site, you acknowledge that you have read this agreement, including the disclosures below, and agree to be bound thereby.

WE ARE A DEBT RELIEF AGENCY. WE HELP PEOPLE FILE FOR BANKRUPTCY RELIEF UNDER THE BANKRUPTCY CODE.

The following disclosures are hereby provided to all web site visitors. By your use of this web site you acknowledge that you have received these disclosures.

DISCLOSURES REQUIRED UNDER SECTION 527 AND 342 OF THE BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005.

NOTICE NO. 1
Notice Mandated By Section 342(b)(1) and 527(a)(1) Of The Bankruptcy Code
PURPOSES, BENEFITS AND COSTS OF BANKRUPTCY

The United States Constitution provides a method whereby individuals, burdened by excessive debt, can obtain a "fresh start" and pursue productive lives unimpaired by past financial problems. It is an important alternative for persons strapped with more debt and stress than they can handle.

The federal bankruptcy laws were enacted to provide good, honest, hard-working debtors with a fresh start and to establish a ranking and equity among all the creditors clamoring for the debtor's limited resources.

Bankruptcy helps people avoid the kind of permanent discouragement that can prevent them from ever re-establishing themselves as hard-working members of society.

To the extent that there may be money or property available for distribution to creditors, creditors are ranked to make sure that money or property is fairly distributed according to established rules as to which creditors get what.

This discussion is intended only as a brief overview of the types of bankruptcy filings and of what a bankruptcy filing can and cannot do. No one should base their decision as to whether or not to file bankruptcy solely on this information. Bankruptcy law is complex, and there are many considerations that must be taken into account in making the determination whether or not to file. Anyone considering bankruptcy is encouraged to make no decision about bankruptcy without seeking the advice and assistance of an experienced attorney who practices nothing but bankruptcy law.

Types of Bankruptcy

The Bankruptcy Code is divided into chapters. The chapters which almost always apply to consumer debtors are chapter 7, known as a "straight bankruptcy", and chapter 13, which involves an affordable plan of repayment.

An important feature applicable to all types of bankruptcy filings is the automatic stay. The automatic stay means that the mere request for bankruptcy protection automatically stops and brings to a grinding halt most lawsuits, repossessions, foreclosures, evictions, garnishments, attachments, utility shut-offs, and debt collection harassment. It offers debtors a breathing spell by giving the debtor and the trustee assigned to the case time to review the situation and develop an appropriate plan. In most circumstances, creditors cannot take any further action against the debtor or the property without permission from the bankruptcy court.

Chapter 7

In a chapter 7 case, the bankruptcy court appoints a trustee to examine the debtor's assets to determine if there are any assets not protected by available "exemptions". Exemptions are laws that allow a debtor to keep, and not part with, certain types and amounts of money and property. For example, exemption laws allows a debtor to protect a certain amount of equity in the debtor's residence, motor vehicle, household goods, life insurance, health aids, retirement plans, specified future earnings such as social security benefits, child support, and alimony, and certain other types of personal property. If there is any non-exempt property, it is the Trustee's job to sell it and to distribute the proceeds among the unsecured creditors. Although a liquidation case can rarely help with secured debt (the secured creditor still has the right to repossess the collateral if the debtor falls behind in the monthly payments), the debtor will be discharged from the legal obligation to pay unsecured debts such as credit card debts, medical bills and utility arrearage. However, certain types of unsecured debt are allowed special treatment and cannot be discharged. These include some student loans, alimony, child support, criminal fines, and some taxes.

Additional information about chapter 7 is available at the Site.

In addition to attorney fees, there is a filing fee that must be paid to the Bankruptcy Court.

Chapter 13

In a chapter 13 case, the debtor puts forward a plan, following the rules set forth in the bankruptcy laws, to repay certain creditors over a period of time, usually from future income. A chapter 13 case may be advantageous in that the debtor is allowed to get caught up on mortgages or car loans without the threat of foreclosure or repossession, and is allowed to keep both exempt and nonexempt property. The debtor's plan is a document outlining to the bankruptcy court how the debtor proposes to dispose of the claims of the debtor's creditors. The debtor's property is protected from seizure from creditors, including mortgage and other lien holders, as long as the proposed payments are made and necessary insurance coverages remain in place. The plan generally requires monthly payments to the bankruptcy trustee over a period of three to five years. Arrangements can be made to have these payments made automatically through payroll deductions.

Additional information about chapter 13 is available at the Site.

In addition to attorney fees, there is a filing fee that must be paid to the Bankruptcy Court.

Chapter 11

By and large, chapter 11 is a type of bankruptcy reserved for large corporate reorganizations. Chapter 11 shares many of the qualities of a chapter 13, but tends to involve much more complexity on a much larger scale.

However, since chapter 11 does not usually pertain to individuals whose debts are primarily consumer debts, further information about chapter 11 will be provided by reference to the following resource: The A Bankruptcy Basics @ brochure prepared by the Administrative Office of the United States Courts, dated June 2000, and which can be accessed over the internet by visiting the following website: www.uscourts.gov/bankruptcycourts.html .

Chapter 12

Chapter 12 of the Bankruptcy Code was enacted by Congress in 1986, specifically to meet the needs of financially distressed family farmers. The primary purpose of this legislation was to give family farmers facing bankruptcy a chance to reorganize their debts and keep their farms.

However, as with chapter 11, since chapter 12 does not usually pertain to individuals whose debts are primarily consumer debts, further information about chapter 12 will be provided by reference to the same "Bankruptcy Basics" brochure referred to above, which can be accessed over the internet at the same said website as mentioned for chapter 11.

What Bankruptcy Can and Cannot Do

Bankruptcy may make it possible for financially distressed individuals to:

1. Discharge liability for most or all of their debts and get a fresh start. When the debt is discharged, the debtor has no further legal obligation to pay the debt.

2. Stop foreclosure actions on their home and allow them an opportunity to catch up on missed payments.

3. Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.

4. Stop wage garnishment and other debt collection harassment, and give the individual some breathing room.

5. Restore or prevent termination of certain types of utility service.

6. Lower the monthly payments and interest rates on debts, including secured debts such as car loans.

7. Allow debtors an opportunity to challenge the claims of certain creditors who have committed fraud or who are otherwise seeking to collect more than they are legally entitled to.

Bankruptcy, however, cannot cure every financial problem. It is usually not possible to:

1. Eliminate certain rights of secured creditors. Although a debtor can force secured creditors to take payments over time in the bankruptcy process, a debtor generally cannot keep the collateral unless the debtor continues to pay the debt.

2. Discharge types of debts singled out by the federal bankruptcy statutes for special treatment, such as child support, alimony, student loans, certain court ordered payments, criminal fines, and some taxes.

3. Protect all cosigners on their debts. If relative or friend co-signed a loan which the debtor discharged in bankruptcy, the cosigner may still be obligated to repay whatever part of the loan not paid during the pendency of the bankruptcy case.

4. Discharge debts that are incurred after bankruptcy has been filed.

Bankruptcy's Effect on Your Credit

By federal law, a bankruptcy can remain part of a debtor's credit history for 10 years. Whether or not the debtor will be granted credit in the future is unpredictable, and probably depends, to a certain extent, on what good things the debtor does in the nature of keeping a job, saving money, making timely payments on secured debts, etc.

Services Available From Credit Counseling Agencies

With limited exceptions, Section 109(h) of the Bankruptcy Code requires that all individuals who file for bankruptcy relief on or after October 17, 2005 receive a briefing that outlines all available opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days prior to the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted over the Internet or over the telephone) and must be provided by a non-profit 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.

If you're not disciplined enough to create a workable budget and stick to it, can't work out a repayment plan with your creditors, can't keep track of mounting bills, or need more help with your debts than can be achieved by merely having a few of your unsecured creditors lower your interest rates somewhat, it probably makes little sense to consider contacting a credit counseling organization.

If, on the other hand, you meet all or most of those criteria, there are many non-profit credit counseling organizations that will work with you to solve your financial problems.

But be aware that, just because an organization says it's "nonprofit," there's no guarantee that its services are free, affordable or even legitimate.
Most credit counselors offer services through local offices, the Internet, or on the telephone. If possible, it probably best to find an organization that offers in-person counseling. Many universities, military bases, credit unions, housing authorities, and branches of the U.S. Cooperative Extension Service operate nonprofit credit counseling programs. Your financial institution, local consumer protection agency, and friends and family also may be good sources of information and referrals.

Reputable credit counseling organizations can advise you on managing your money and debts, help you develop a budget, and offer free educational materials and workshops. Their counselors are certified and trained in the areas of consumer credit, money and debt management, and budgeting. Legitimate counselors will discuss your entire financial situation with you, and help you develop a personalized plan to solve your money problems. An initial counseling session typically lasts an hour, with an offer of follow-up sessions.

If your financial problems stem from too much debt or your inability to repay your debts, a credit counseling agency may recommend that you enroll in what is knows as a "debt management plan" or "DMP". A DMP alone is not credit counseling, and DMPs are not for everyone. You should sign up for one of these plans only after a certified credit counselor has spent time thoroughly reviewing your financial situation, has offered you customized advice on managing your money, and has analyzed your budget to make sure that the proposed DMP is one you can afford. However, remember that all organizations that promote DMP's fund themselves in part through arrangements with the creditors involved, which are called "fair share", so you have to be wary as to whose best interest the counselor has in mind. Even if a DMP is not appropriate for you, a reputable credit counseling organization still can help you create a budget and teach you money management skills.

In a DMP, you deposit money each month with the credit counseling organization, which uses your deposits to pay your unsecured debts, like your credit card bills and medical bills, according to a payment schedule the counselor develops with your creditors. Your creditors may agree to lower your interest rates or waive certain fees, but it's always best to check with all your creditors, just to make sure they offer the concessions that a credit counseling organization is promising you. A successful DMP requires you to make regular, timely payments, and could take 48 months or more to complete. Ask the credit counselor to estimate how long it will take for you to complete the plan. You may have to agree not to apply for C or use C any additional credit while you're participating in the plan, and a DMP is likely of little value if your problems stem from or involve your secured creditors holding your car, truck or home as collateral. DMP's are also likely of little value if your problems stem from alimony, child support or overdue taxes.

The bottom line is this: If all you need is a little lowering of your interest rates on some unsecured debts, a DMP might be the answer. However, if what you really need is to reduce the amount of your debt, bankruptcy may be the solution.

NOTICE NO. 2
Notice Mandated By Section 527(a)(2) Of The Bankruptcy Code
NOTICE OF MANDATORY DISCLOSURE TO CONSUMERS WHO CONTEMPLATE FILING BANKRUPTCY

You are notified as follows:

1. All information that you are required to provide with the filing of your case and thereafter, while your case is pending, must be complete, accurate and truthful.

2. All your assets and all your liabilities must be completely and accurately disclosed in the documents filed to commence your case, and the replacement value of each asset (as defined in Section 506 of the Bankruptcy Code) must be stated in those documents where requested after reasonable inquiry to establish such value.

3. Some sections of the Bankruptcy Code require you to determine and list the replacement value of an asset such as a car or furniture. When replacement value is required, it means the replacement value, established after reasonable inquiry, as of the date of the filing of your bankruptcy case, without deduction for costs of sales or marketing. With respect to property acquired for personal, family or household purposes, replacement value means the price a retail merchant would charge for "used" property of that kind considering the age and condition of the property. Again, replacement value is defined in the Bankruptcy Code as the price that a retail merchant would charge for property of the same kind, considering the age and condition of the property at the time its value is determined. This is not the cost to replace the item with a new one or what you could sell the item for; it is the cost at which a retail merchant would sell the used item in its current condition. In many cases (particularly used clothing, furniture, computers, etc.), this would be “yard sale” value, or what the item might sell for on eBay. In other cases, such as jewelry, antiques or collectibles, it may be retail value. For motor vehicles, it would be the third party purchase value. For real property, it is what the real property would sell for, at current Market value. For cash and bank accounts, it is the actual amount on deposit. For stocks and bonds, it is their market value as of the date your case is filed. You must make a reasonable inquiry to determine the replacement value of your assets.

4. Before your case can be filed, it is subject to what is called "Means Testing". The Means Test was designed to determine whether or not you qualify to file a case under chapter 7 of the Bankruptcy Code, and if not, how much you need to pay your unsecured creditors in a chapter 13 case. For purposes of means test, you must state, after reasonable inquiry, your total current monthly income, the amount of all expenses as specified and allowed pursuant to section 707(b)(2) of the bankruptcy code, and if the plan is to file in a Chapter 13 case, you must state, again after reasonable inquiry, your disposable income, as that term is defined.

5. Information that you provide during your case may be audited pursuant to the provisions of the Bankruptcy Code. Your failure to provide complete, accurate and truthful information may result in the dismissal of your case or other sanctions, including criminal sanctions.

NOTICE NO. 3
Notice Mandated By Section 527(b) Of The Bankruptcy Code
IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES

If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney. THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see the contract before you hire anyone.

The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service you need. Although bankruptcy can be complex, many cases are routine.

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 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 called a Petition, Schedules and Statement of Financial Affairs, as well as in some cases a Statement of Intention need to 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 will have to 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. It may not be in your best interest to reaffirm a debt.

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 with preparing your chapter 13 plan and with the confirmation hearing on your plan which, if held, 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 will want to find out what should be done from someone familiar with that type of relief. However, please be advised that in most cases, you will only be concerned with chapter 7 and chapter 13.

Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only attorneys, not bankruptcy petition preparers, can give you legal advice.

NOTICE NO. 4
Notice Mandated By Section 342(b)(2) Of The Bankruptcy Code
FRAUD & CONCEALMENT PROHIBITED

If you decide to file bankruptcy, it is important that you understand the following:

1. Some or all of the information you provide in connection with your bankruptcy will be filed with the bankruptcy court on forms or documents that you will be required to sign and declare as true under penalty of perjury.

2. A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury in connection with a bankruptcy case shall be subject to fine, imprisonment, or both.

3. All information you provide in connection with your bankruptcy case is subject to examination by the Attorney General.

ACKNOWLEDGMENT OF RECEIPT

By using the Site and/or otherwise accepting this Agreement, you acknowledge that you have received a copy of or been provided with access to all of the following notices:

1. Notice Mandated By Section 342(b)(1) and 527(a)(1) Of The Bankruptcy Code

2. Notice Mandated By Section 527(a)(2) Of The Bankruptcy Code

3. Notice Mandated By Section 527(b) Of The Bankruptcy Code

4. Notice Mandated By Section 342(b)(2) Of The Bankruptcy Code