PRIVACY/LEGAL

LEGAL DISCLOSURES | LEGAL DISCLAIMER | PRIVACY POLICY

IMPORTANT NOTICE REQUIRED BY FEDERAL LAW

We are a debt relief agency pursuant to Federal Law §528 of Title 11 of the US Code. We provide legal assistance and help people file for Bankruptcy relief under the Bankruptcy Code.

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Disclosures pursuant to 11 USC 527(a)(2)

A.        All information that you are required to provide to the Bankruptcy Court in your petition and thereafter in connection with your bankruptcy is required to be complete, accurate and truthful.

B.        All of your assets and liabilities are required to be completely and accurately disclosed in the documents filed to commence the 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 that value.

C.        Your current monthly income, the amounts specified in Section 707(b)(2) of the Bankruptcy Code, and in a case filed under Chapter 13 of the Bankruptcy Code, your disposable income (determined in accordance with Section 707(b)(2) of the Bankruptcy Code), are required to be stated after reasonable inquiry.

D.        Information that you provide during your case may be audited by the Office of the U.S. Trustee pursuant to provisions of the Bankruptcy Code.   Any Failure to provide such information may result in dismissal of your Bankruptcy case pursuant to provisions of the Bankruptcy Code or another sanction, including a criminal sanction.

Disclosures pursuant to 11 USC 527(b)

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.

Disclosures pursuant to 11 USC 527(c)

Personal property values shall be determined based on the replacement value of such property as of the date of the filing of the petition without deduction for costs of sale or marketing. With respect to property acquired for personal, family, or household purposes, replacement value shall mean the price a retail merchant would charge for property of that kind considering the age and condition of the property at the time value is determined.  11 USC 506

Real property values shall be determined based upon fair market value as of the date of the filing of the petition without deduction for costs of sale or marketing.

Your current monthly income includes all income you have received from any source in the last 6 months. This includes wages, salary, tips, bonuses, overtime, commissions, income from operation of a business, profession or farm, rents and real property income, interest, dividends, royalties, unemployment, pension and retirement income.  Income also includes regular contributions to your household expenses, including from a child, roommate or spouse.  Income includes income from any other source not listed above.  11 USC 101

You will be required to complete a “means test” to determine the bankruptcy chapter you can file. This test will be applied based upon your monthly income as explained herein. This test will also be applied based upon monthly expenses. Some of these expenses will be based upon applicable monthly expense amounts specified under National Standards and Local Standards, and some on your actual monthly expenses. Your actual monthly expenses include your average monthly expenses for payments to secured creditors on your automobile, amounts actually incurred for taxes, mandatory payroll deductions, life insurance premiums, money required to be paid by court order, including spousal or child support, education expenses required for work, child care, health care not otherwise reimbursed and the amount you pay for telecommunication services.  11 USC 707(b)(2)

In a Chapter 13 case, your income and expenses also include Chapter 13 administrative expenses.  11 USC 707(b)(2)

You will be required to provide a list of all your creditors. This list must include the name and address of the creditor as well as your account number with this creditor. If, within 90 days before you file bankruptcy, a creditor supplies to you in at least 2 communications the account number and an address that the creditor request to received correspondence, you must use this address and account number. The creditor may also file with the court a notice of address to be used to provide notice to such creditor.  11 USC 342

You can exempt certain property from property of your bankruptcy estate.  You may use the exemptions available under Illinois law if you have lived in Illinois for 730 days prior to the bankruptcy filing. If you have not lived in Illinois for the last 730 days, you will have to use the exemption laws under the state that you lived in prior to Illinois if you lived there for at least 180 days. If you did not live in that state for 180 days, you will have to use the Federal Exemptions available under 11 USC 522. You value your exempt property under the replacement value as previously defined.

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LEGAL DISCLAIMER

The information contained in this website is not to be considered legal advice. Anyone seeking legal advice should consult an attorney. Steven J. Brody and Steven J. Brody & Associates, Ltd. hereby disclaim any responsibility and liability for the use of the information contained in this website. Furthermore, the reading or use of the information contained in this website shall not be construed to form an attorney client relationship by and between any person reading or utilizing the information in this website, and Steven J. Brody & Associates, Ltd and its attorneys.

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PRIVACY POLICY



Our headquarters are physically located at:


15 W. Woodstock Street
Crystal Lake, IL 60014-4209
USA
info@sjbrodylaw.com
815-479-8800

This Privacy Policy is part of our Terms of Use. By visiting this website, User must agree to be bound by the terms of this Privacy Policy and Terms of Use, as it is written. If for any reason User does not agree with the terms of this Policy or the Terms of Use, please do not use this Site. 

Information Collected

Our Web server does not recognize automatically information regarding the originating domains or e-mail addresses of visitors. 

We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, user-specific information on the pages users access or visit, and information volunteered by the consumer, such as survey information and/or site registrations. 

We do not utilize “cookies” which are electronic identifiers that are transferred automatically to your computer through your web browser.

Your Internet Protocol (IP) address is stored automatically in our computers. This information is used to make changes and upgrades to the Site, and to improve the user experience. Our computers also store information regarding your computer and your connection to our Site, such as the browser type, your operating system and platform, and your user history to, through, and away from our Site. 

From time to time, our may also collect information about you from third parties. Such information includes: updated contact information, search terms, and search results from your web searches. 

Use of Information 

The information we collect is used for internal review and is then discarded, used to improve content of our Site, used to customize the content and/or layour of our page for each individual consumer, and is used by us to contact consumers for marketing purposes. 

our discloses personally identifiable information about individual users in accordance with this Privacy Policy and Terms and Conditions, or when our has a good-faith belief that such action is necessary to comply with applicable laws, valid legal process, a court order, a current judicial proceeding, or to protect rights or property. 

We may also share your information with carefully selected vendors, business partners and other organizations which are not part of the Company, including sponsoring attorneys or law firms. These companies and organizations use the information we provide them to assist us in serving your needs. These disclosures may be made to help us enforce or apply existing terms and conditions and/or other agreements, or to protect the rights, property, or safety of our websites, our users or others. We may also share your information for marketing purposes. We may also share your information with third parties for data validation, enhancement, information verification, and suppression services, and, to the extent permitted by law, individual reference or look-up services. Your use of this site constitutes a waiver of any attorney-client privilege that may exist for the limited purposes expressly stated herein. 

We may also share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when (1) permitted or required by law, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions, or (3) investigating fraud that has already taken place. In all cases, this information is not provided to these entities for marketing purposes. 

Right to Transfer 

In the event our chooses to sell or transfer business assets, it is possible that the information we possess may be transferred as part of that transaction. our may decide to retain a copy of the information post sale or transfer. 

No Responsibility for Privacy Policy of Third-Party Links

Our Site may contain "hyperlinks" to other websites. our is not responsible for the privacy practices, or lack thereof, of linked sites. our encourages users to read the privacy policies of any website user visits. our's Privacy Policy only applies to information collected by us through your use of this Site only. 

If you do not want to receive e-mail from us in the future, please let us know by sending an e-mail to us, calling us at one of the above telephone numbers or writing to us at the above address and telling us that you do not want to receive e-mail from us. 

Disputes / Guarantee

If you have a dispute with our services or our billing, please contact our offices for a complete review. We will work with you to ensure your satisfaction. 

We retain the right to seek monetary compensation for any dispute against our billing or services delivered that is fully compliant to the services requested. 

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Call Steven J. Brody & Associates, Ltd. today and schedule a  free initial consultation to determine how we may help you.

815-479-8800
info@sjbrodylaw.com

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