Disclaimer: Attorney Advertisement
Disclaimer: Attorney Advertisement
Henry D. Acciani is admitted to practice only in the state of Ohio.
Jayma C. Bagliore, is admitted to practice in Ohio and Kentucky.
Rick J. Enriquez is admitted to practice in Ohio, Kentucky and Washington.
Main Office: 1014 Vine Street, Suite 2200 (Kroger Building) Cincinnati, OH 45202
Hiring a lawyer is a significant decision that should not be based solely upon advertisements. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Past results do not indicate a similar result from future actions.
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LEGAL DISCLAIMER TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS OF SERVICES & LEGAL NOTICES (hereinafter Agreement) CAREFULLY BEFORE USING THIS WEBSITE (the Site or oal-law.com). Any person accessing this Site to utilize any of the services it provides, including finding a professional, posting information or otherwise utilizing any of the features on this Site (collectively known as Services) must accept the Terms and Conditions of this Agreement without change. These terms explain your (and our) rights under this Agreement and make disclosures as required by law. By using the Site, you give your assent to the terms of this Agreement.
If you do not agree to these terms, you may not use this Site. We are a debt relief agency. We help people file for relief under the US Bankruptcy Code. O'Connor, Acciani & Levy has the right, in our sole discretion, to modify, add or remove any terms or conditions of this Agreement without giving individual notice to you, by posting the changes on the Site. Your continuing use of the Site constitutes your acceptance of any such changes. Nothing in this website is to be construed as an offer for legal services. Legal services are only offered once a O'Connor Acciani & Levy attorney, or sponsoring attorney, has had an opportunity to review the specific facts of a case at a consultation and specifically indicates a willingness to take on the representation.
DISCLOSURES REQUIRED UNDER 11 U.S.C. §§ 527 AND 342
NOTICE #1: Notice Mandated by 11 U.S.C. §§342(b)(1) and 527(a)(1)
PURPOSE, BENEFITS AND COSTS OF BANKRUPTCY
Bankruptcy is a federal court proceeding that provides relief to people and businesses that are having financial difficulty. The relief comes in the form of an automatic stay which generally stops most collection proceedings and harassment from creditors. The cost of filing a bankruptcy consists of a filing fee which varies depending on the type of case you are filing (see below) and if you choose to hire a lawyer to represent you, the lawyer will likely charge you a fee for the representation. Additionally, there may be costs to obtain necessary information and documentation required by the bankruptcy code, bankruptcy rules and local rules.
The discussion here is meant only as a brief overview and no one should base their decision as to whether to file or not to file bankruptcy solely on this information. Bankruptcy is complex and a number of factors and considerations must be taken into account in making a determination to file or not. Anyone considering bankruptcy is encouraged to seek the advice and assistance of experienced counsel who practices bankruptcy law.
What Bankruptcy Can and Can't Do
Bankruptcy may be able to help financially distressed people to:
Bankruptcy, however, may not be the cure-all for every financial problem. There are limitations. For instance, a debtor usually cannot:
The Four Types of Bankruptcy Available to Individual Consumer Debtors
The Bankruptcy Code is divided into four chapters. The most commonly used chapters by consumer debtors are chapter 7, known as a fresh start or straight bankruptcy and chapter 13 which is a voluntary court approved, court supervised affordable repayment plan.
The main benefit of filing for bankruptcy under all chapters is the automatic stay. The automatic stay is a court order that automatically applies once a bankruptcy case is filed (with rare exceptions that apply to some repetitive case filings). The automatic stay stops most lawsuits, repossessions, foreclosures, garnishments, utility shut-offs, and debt collection harassment. It offers debtors relief and enables debtors and a case trustee to review the facts and develop an appropriate solution to the debt problems.
Chapter 7: Liquidation (court filing fee (not including attorney fees or costs = $299)
Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income (court filing fee, not including attorney fees or costs = $274).
Chapter 11: Reorganization (court filing fee, not including attorney fees or costs = $1,039)
Chapter 11 is designed for the reorganization of a business but is also available to individual consumer debtors. Its provisions are quite complicated and any decision by an individual to file a chapter 11 petition should be reviewed by an attorney. Further information about chapter 11 cases, since chapter 11 usually does not pertain to individuals with primarily consumer debts can be found at the following website: www.uscourts.gov/bankruptcycourts.html . Or, you can obtain information about chapter 11 by obtaining a copy of the brochure published in June, 2000 and titled A Bankruptcy Basics prepared by the Administrative Office of the United States Courts.
Chapter 12: Family Farmer or Fisherman (court filing fee, not including attorney fees or costs = $239)
Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings and is similar to chapter 13. The eligibility requirements, however, are restrictive, limiting its use to those whose income arises primarily from a family-owned farm or commercial fishing operation. Chapter 12, therefore, is usually not available to consumers whose debts are primarily consumer debts. The brochure and website mentioned above also provides more detailed information regarding chapter 12.
SERVICES AVAILABLE FROM CREDIT COUNSELING AGENCIES
With limited exceptions, ?09(h) of the Bankruptcy Code requires that all individual debtors who file for bankruptcy relief on or after October 17, 2005, receive a briefing that outlines the available opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days before the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted by telephone or over the Internet) and must be provided by a nonprofit 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 your jurisdiction.
BANKRUPTCY CRIMES AND AVAILABILITY OF BANKRUPTCY PAPERS TO LAW ENFORCEMENT OFFICIALS
A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury, either orally or in writing, in connection with a bankruptcy case is subject to a fine, imprisonment, or both. All information supplied by a debtor in connection with a bankruptcy case is subject to examination by the Attorney General acting through the Office of the United States Trustee, the Office of the United States Attorney, and other components and employees of the Department of Justice.
11 U.S.C. ?21(a)(1) of the Bankruptcy Code requires that you promptly file detailed information regarding your creditors, assets, liabilities, income, expenses and general financial condition. Your bankruptcy case may be dismissed if this information is not filed with the court within the time deadlines set by the Bankruptcy Code, the Bankruptcy Rules, and the local rules of the court.
NOTICE #2: Notice Mandated by 11 U.S.C. 342(b)(2)
FRAUD & CONCEALMENT PROHIBITED
It is important that you understand the following:
NOTICE #3: Notice Mandated by 11 U.S.C. 527(a)(2)
MANDATORY DISCLOSURE TO CONSUMERS WHO ARE CONTEMPLATING FILING FOR BANKRUPTCY
PLEASE TAKE NOTICE THAT:
NOTICE #4: Notice Mandated by 11 U.S.C. 527(b)
IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER
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.
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 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.
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.
[Statement contained in and required by 11 USC 527(b).]
ACKNOWLEDGEMENT OF RECEIPT
By using this Site and/or otherwise accepting this Agreement, user acknowledges that user received a copy or has been provided access to all of the following notices: