The Law Offices of Ken McCartney P.C.

CHAPTER 7

 

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Our firm's Chapter 7 representation includes:

  • Generally when this Firm receives a fixed-fee for a basic Chapter 7 bankruptcy filing, the services provided include meeting with the client to review pre-prepared financial information; discussing options under the various Chapters of Title 11; preparing, filing, and serving all required petitions, schedules, and disclosures; meeting with the client and attending the §341 Meeting of Creditors; coordinating contact with the trustee; execution of necessary and advisable reaffirmation agreements and previously discussed redemption agreements; and necessary follow-up with persistent creditors. This Firm does not charge any additional fees for necessary activity in the base bankruptcy case, and has no reluctance to continued necessary client contact in this regard.
  • This Firm's basic Chapter 7 fixed-fee does not include indefinite client representation. The Firm will not charge a post-petition debtor client for any activity, nor expect to be paid by a post-petition client, for activities not covered by the fixed-fee agreement without first notifying the client, in writing, that a non-covered activity has come up in their case, being requested to provide non-covered services, or seeing the need to so act and having the client, after notice, specifically request and agree to pay for such representation.

  • Specific examples of unanticipated post-petition activities, the cost of which are not covered by a fixed-fee agreement, include, but are not necessarily limited to:
      • The post-petition sale of real property.
      • Correcting or intervening on behalf of the client in the correction of errant credit reports or credit reporting agency problems.
      • Representation with respect to post-petition creditor claims.
      • Domestic relations legal matters not anticipated at the time of the bankruptcy filing.
      • Criminal representation with respect to any claims, whether pre-petition or post-petition.
      • Most adversary proceedings commenced against the debtor client.
      • Work-outs with non-dischargeable taxes or student loans where no adversary proceeding is anticipated by the debtor client.
      • Excessive client contact concerning issues thoroughly and repeatedly discussed in previous contacts.
      • Any abusive or threatening client contact directed towards any attorney or staff member of the Firm.
      • Representation in the presence of the intentional failure of the debtor client to disclose assets, disclose liabilities, or cooperate with the trustee.

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