Mandatory Notices Required By Law
We are required by law to advise our website visitors that our law firm is a federally designated Debt Relief Agency.
We help people file for relief under Chapter 13 (debt reorganization) and Chapter 7 (fresh start) of the bankruptcy laws, but only as a last
resort and only when we believe it is genuinely in their best interest.
We are also required by law to to provide our website visitors with the following notices:
1) Notice Required by 527(a) of the Bankruptcy Code;
2) Notice Required by Section 527(b) of the Bankruptcy Code;
3) Notice Required by Section 342(b) of the Bankruptcy Code; and,
4) Copy of our Free Consultation Agreement.
Section 527(a) Notice
NOTICE MANDATED BY SECTION 527(A)(2)
OF THE BANKRUPTCY CODE
NOTICE OF MANDATORY DISCLOSURE TO CONSUMERS
WHO CONTEMPLATE FILING BANKRUPTCY
We are required under the new bankruptcy law passed by Congress in 2005 to give you the following notifications.
Please be advised that:
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.
All your assets and all your liabilities must be completely and accurately disclosed in the documents filed to commence your case. Bankruptcy is not a "pick and choose" proceeding, meaning you do not leave some debts in and leave some debts out. Everything must be included.
Some provisions in the bankruptcy code require you to determine and list the replacement value of an asset, as for instance 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 sale or marketing. Withrespect 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.
Before your case can be filed, it is subject to what is called "Means Testing". The Means Testing 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 needto 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 you file under Chapter 13, you must state, again after reasonable inquiry, your disposable income as that term is defined in the Code.
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.
For further information, please review The Bankruptcy Basics published by the Federal Government at www.uscourts.gov/bankruptcycourts and additional information at www. usdoi.gov/ust. If you do not have access to the Internet, we will gladly provide information from these sites at your request.
Section 527(b) Notice
NOTICE MANDATED BY SECTION 527(B) OF THE BANKRUPTCY CODE
IMPORTANT INFORMATION ABOUT BANKRUPTCY
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 ORBANKRUPTCY PETITION PREPARER W ILL 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.
For further information, please review The Bankruptcy Basics published by the Federal Government at www.uscourts.gov/bankruptcycourts and additional information atwww.usdoi.gov/ust. If you do not have access to the Internet, we will gladly provide information from these sites at your request.
Section 342(b) Notice
NOTICE MANDATED BY
SECTION 342(B)(2) OF THE BANKRUPTCY CODE
FRAUD AND CONCEALMENT PROHIBITED
If you decide to file bankruptcy, it is important that you are accurate and candid in providing us with information to fill out your bankruptcy schedules, forms and petition. We rely solely on the information you provide and do not conduct any independent investigation into your assets, liabilities or financial affairs. 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 or fraudulently conceals assets, transfers any assets to any other person or entity in an attempt to hide or protect that asset from bankruptcy, 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 and/or audit by an independent CPA firm..
Bankruptcy crimes are federal offenses and may be punishable by fines, probation, imprisonment and seizures or assets.' If you have any questions regarding this information or any information regarding your bankruptcy, do not hesitate to ask.
In some cases, bankruptcy may result in adverse tax consequences as a forgiveness of debt. We do not provide tax advice and we recommend that you consult with your tax advisor prior to filing a bankruptcy if you have any questions.
For further information, please review The Bankruptcy Basics published by the Federal Government at
www.uscourts.gov/bankruptcycourts and additional information at www.usdoi.gov/ust. If you do not have access to the Internet,
we will gladly provide information from these sites at your request.
Our Free Consultation Agreement
Free Consultation Agreement Regarding Bankruptcy and Chapter 13
and Acknowledgment of Receipt of Mandatory Disclosures
William G. Cherbonnier Attorney at Law LLC (hereafter as “Law Firm” or “Attorney”) offers a free initial office consultation to individuals who are in need of certain legal services which we provide. If you would like to take advantage of this offer, please read, confirm, accept, and sign this Free Consultation Agreement. Note that this Free Consultation Agreement creates an attorney-client relationship which is limited in its duration and extent.
1. Client has requested a consultation with Attorney to obtain information and advice about debt issues and relief from debt, including the possibility of filing bankruptcy under the federal Bankruptcy Code. Attorney agrees to provide an initial consultation concerning these matters. There is no charge for this initial consultation.
2. Attorney agrees to provide the following services at the initial consultation, based on the information Client has provided on the attached grey questionnaire:
(a) a preliminary description of the relief available, and the benefits and the risks of filing for bankruptcy under sections 7, 11, 12 and/or 13 of the Bankruptcy Code.
(b) a cursory and necessarily incomplete analysis of Client’s eligibility for bankruptcy relief, based on the information and documents provided by Client concerning Client’s income, expenses, assets and liabilities. This analysis is only tentative and is subject to change, since the Firm does not have all of the information and documents that will be required to fully and adequately evaluate Client’s situation. It is at best, a “guestimate” of Client’s options.
(c) if it has appeared from this analysis that a debt reorganization or bankruptcy may be an appropriate remedy, a discussion of the additional information and documents Client will need to provide the Firm for an unqualified opinion. If it has appeared from the analysis that bankruptcy may not be an appropriate remedy for me, a discussion of other possible alternatives.
3. Client agrees to provide at the initial consultation all requested documents and to complete the Firm’s New Client Information Sheet and short questionnaire concerning Client’s income, expenses, assets, and liabilities. Client understands that in order for Attorney to give meaningful advice, detailed financial information must be provided completely and accurately. Anything Client tells Attorney is covered by the attorney-client privilege to the extent recognized by law and the Rules of Professional Conduct of the Louisiana State Bar Association.
4. Law Firm is Client’s attorney for this consultation only, and only for the services specifically stated in this agreement. Client has been informed and agrees that the Firm will not provide any debt reorganization services or bankruptcy assistance to him/her at this time, other than as specifically stated in this Agreement. Attorney will take no further action whatsoever on Client’s behalf, including the filing of a bankruptcy or Chapter 13, and Client may not tell his/her creditors that Attorney represents him/her, unless and until Client formally hires Attorney for additional legal services by signing another, separate, detailed written fee agreement specifying the fee to be paid, the legal services to be provided, and other terms and conditions of such representation.
5. Client acknowledges that he/she has been given a copy of this Free Consultation Agreement, and Client specifically consents to all of the terms and conditions contained therein.
About Our Law Firm
We are a private, for-profit law firm located the metropolitan New Orleans area. The name of our firm is William G. Cherbonnier Attorney at Law LLC. We have two convenient offices, one on the Eastbank on Causeway Boulevard in Metairie close to Lakeside Shopping Center, and the other on the Westbank in Gretna about a mile off the Expressway.
Who We Are
We are consumer defense attorneys. We represent individuals and small businesses who have be sued by banks, mortgage servicers, credit unions, debt buyers, finance companies, payday loan companies, and other lenders. We represent consumers only, and never the businesses who sue consumers.
We believe that no one should try to represent himself in a debt collection or foreclosure lawsuit, and we produced this website to try to explain the lawsuit process and help Louisiana consumers find a lawyer that will represent them for a fair and reasonable price (or for free if they qualify for legal assistance).
How To Reach Us
To schedule a free telephone consultation or an in-person appointment at one of our New Orleans area offices, please call us at 504 309-3304 from 8:30 a.m. to 5:00 p.m. weekdays.
If it's after hours, you can send us an email to info@LawsuitQA.com.
You can also fill out our contact form.
Directions and Map
Find directions and a map to our Eastbank and Westbank offices on our Contact page.