Terms and Conditions
Privacy Policy
A. Website Usage
Fresh Start Legal Group takes your right to privacy seriously and wants you to feel comfortable using our web site. We do not seek to collect any public or nonpublic information from you through our website. Because use of this website, contact via email, or completion of an online form does not create an attorney client privilege, the information supplied by you as a user of the website is not protected by the same sensitive privacy policy that is used for client information. Although Fresh Start Legal Group will make an attempt to protect the privacy of any user-supplied information, the user should always be aware that Fresh Start Legal Group cannot warrant the security of the information you submit through this website and any submission is done at your own risk. Furthermore, the user must be aware that any information sent via the internet has the potential of being read by other people so the user sends information at their own risk.
Also, like many web sites, we may automatically receive general information (“data”) that is contained in our server log files such as your IP address and cookie information. Aggregate information on what pages visitors or users access or visit, information volunteered by the user/visitor, such as survey information and/or site registrations may also be collected. We may use this data to customize and improve your user experience on this site. We will make efforts so that your data will not be provided to third parties unless pursuant to legal process or law enforcement. In the event you choose to use links that appear on our site to visit other web sites, you should read the privacy policies that appear on those sites. Although we make every effort to meet the requirements of this privacy policy, we are not in a position to guarantee these standards. There may be factors beyond our control that may result in disclosure of data. As a consequence, we disclaim any warranties or representations relating to maintenance or nondisclosure of data.
B. Attorney-Client Protected Information
If we represent you in your bankruptcy, Fresh Start Legal Group will collect nonpublic personal information about you only in connection with providing you with the legal or fiduciary accounting services (i.e. such as the maintenance of trust accounts) that you request. We do not sell client information to anyone or disclose client information to marketing companies. Federal law, as well as our professional duties as attorneys, requires us to protect the confidentiality of your personal information.
The types of nonpublic personal information that we may collect in the course of representing you may include:
- Information you provide to us such as your address, social security number, income, assets, liabilities, and other financial or household information that may be needed;
- Information about your relationship with us (such as the type of legal service we provide to you, your invoice balances, and your payment history); and
- Information that we receive, with your authorization, or as a result of legal action taken on your behalf, from third parties such as attorneys, creditors, collection agents, collection attorneys, bankruptcy Trustees, consumer credit reporting agencies, finance companies, accountants, financial advisors, insurance agents, banking institutions and others.
Fresh Start Legal Group will not disclose any public or nonpublic information about you that you have provided to us to anyone outside of our firm, except as authorized by you or required by law such as the Bankruptcy Code, the Federal Bankruptcy Rules, or the local Bankruptcy Court rules in your jurisdiction. All attorneys and employees of Fresh Start Legal Group are required to maintain the confidentiality of all nonpublic personal information about you.
With your consent, we may disclose personal information to a third-party contractor, such as an appraiser or accountant, who is assisting us in providing professional services to you. Also, in order to provide proper services to clients we will release information to the extent required by law, rule, or regulation. For example, some information filed with the Bankruptcy Court may be public record and/or able to be obtained by others for a fee. Therefore, some information about you would be accessible to the public.
Terms of Service
A. Attorney-Client Relationship
The information contained on this website is not intended and shall not be deemed to be legal advice or constitute the provision of legal opinions or services to any user of this website. Where there is a statement of law on this website, it is strictly to give the user a general understanding of the law and is not specific legal advice. The information available on or through this website is not intended to be and shall not be used as a substitute for the advice provided by an attorney after consultation. Hiring a lawyer is an important decision and therefore should not be based only on any advertisement or website. Fresh Start Legal Group welcomes contact via email. Please remember that email is not secure and you should not send any sensitive or confidential information via email. No information or advice, oral or written, obtained by you from the website of Fresh Start Legal Group or through or from the services or information provided on or through links from this website shall create any form of an attorney-client relationship between you, the user of this website, and Fresh Start Legal Group.
B. Intellectual Property
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent. All information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), publicly or privately provided, is our property unless it is otherwise stated. Reproduction of part or all of the content in any form is strictly prohibited. None of the content of this web site may be copied or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other).
Disclaimer
Fresh Start Legal Group is a “Debt Relief Agency” as that term is defined under the Federal Bankruptcy laws. We assist individuals seeking relief under Chapter 7 or Chapter 13 of the Bankruptcy Code.
By using this website you expressly understand and agree that:
- Your use of the website is at your sole risk. The website is provided on an “as is” and “as available” basis. Fresh Start Legal Group expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Fresh Start Legal Group makes no warranty that: this website will meet your requirements; this website will be uninterrupted, timely, secure, or error-free; any results obtained from the use of this website will be accurate or reliable; the quality of any material or services purchased or obtained by you through this website will meet your expectations; and any errors will be corrected.
- Any material downloaded or otherwise accessed through this website is done at your discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the accessing or downloading of any such material this website may provide, or third parties may provide, links to other websites or resources. Because Fresh Start Legal Group has no control over such sites and resources, you acknowledge and agree that Fresh Start Legal Group is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. Furthermore, you acknowledge and agree that Fresh Start Legal Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, goods, or services available through any such site or resource. Moreover, you acknowledge and agree that Fresh Start Legal Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any linked website. Fresh Start Legal Group has not tested any software or email addresses associated with linked websites, and makes no representations as to the quality or safety of any software or email address found on the internet.
- All information that the assisted person is required to provide with a petition thereafter during a case under this title is required to be complete, accurate and truthful.
- All assets and all 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 must be stated in those documents where requested after reasonable inquiry to establish such value.
- Current monthly income, the amounts specified in section 707(b)(2) and, in a case under chapter 13 of this title, disposable income (determined in accordance with section 707(b)(2)), are required to be stated after reasonable inquiry; and
- Information that an assisted person provides during their case may be audited pursuant to this title, and that failure to provide such information may result in dismissal of the case under this title or other sanction, including a criminal sanction.
- 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.
- 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.
- All information you provide in connection with your bankruptcy case is subject to examination by the Attorney General.
Required Notices
BAPCPA REQUIRED NOTICE NO. 1 (§ 342(b)(1) and 527(a)(1) of the Bankruptcy Code) PURPOSES, BENEFITS AND COSTS OF BANKRUPTCY
This discussion is intended only as a brief overview of the types of bankruptcy. You should not decide whether or not to file for bankruptcy relief 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 a decision only after seeking the advice and assistance of an experienced bankruptcy attorney.
When a person is discharged in bankruptcy, he or she is relieved from liability for most debts incurred before the bankruptcy was filed and protected from future collection of those debts. The purpose of bankruptcy is to give you a "fresh start," and the bankruptcy code is interpreted by the Courts to give effect to these words.
Types of Bankruptcy
The Bankruptcy Code is divided into chapters. The chapters that usually apply to consumers are Chapter 7, where most or all of your debt is wiped out, and Chapter 13, which involves a repayment plan.
In most cases, once you file your case, the “Automatic Stay” immediately goes into effect. The Automatic Stay means that a bankruptcy filing automatically stops, or stays, and brings to a halt most lawsuits, repossessions, foreclosures, evictions, garnishments, attachments, utility shut-offs, and debt collection harassment. Generally, creditors cannot take any further action against you or your property without permission from the Bankruptcy Court.
Chapter 7. Chapter 7 is designed for people who are having financial difficulties and are not able to re-pay their debts.
Under the changes to the Bankruptcy Code that took effect October 17, 2005, you can usually qualify for a Chapter 7 if your average gross monthly income for the last six months is below your state’s Median Income, your gross income less certain expenses is below your state’s Median Income, or you can show “special circumstances” that would allow you to qualify for Chapter 7. The filing fee for a Chapter 7 is $299.00.
Under Chapter 7, you can usually exempt, or keep, most or all of your assets under Wisconsin law, or, if you have not lived in Wisconsin for the past two years, under the state’s exemption law that applies to your case. Most retirement accounts and pensions are also exempt. Secured property, normally your car and house, may not have any net equity, in which case you can keep it as well. The Trustee liquidates most non-exempt property and uses the proceeds to pay your creditors according to priorities of the Bankruptcy Code.
Once your Chapter 7 case is over, you receive a Discharge. The discharge prevents your creditors from taking any steps to try to collect their unsecured debt. They cannot call you, write you, sue you, or take any steps that could be considered an attempt to collect its debt. If you want to keep property that has a lien on it, you must keep your payments current, and may be required to reaffirm your debt. Some debts can not be discharged. Typical examples are child support, alimony, and other domestic support obligations, some taxes, student loans, criminal restitution, and debts for death or personal injury caused by operating vehicles while intoxicated with alcohol or drugs.
Chapter 13.Chapter 13 is a valuable tool that lets you catch up overdue mortgage or car payments, taxes and domestic support obligations. It also applies where you have the ability to repay some or all of your debts over time. You must have less than $336,900 in unsecured debt (such as credit cards and doctor's bills) and less than $1,010,650 in secured debt (such as mortgages and car loans) to qualify for Chapter 13. The filing fee for a Chapter 13 is $274.00.
Under Chapter 13, you keep all of your property, both exempt and non-exempt, as long as you resume making your regular payments on secured debt and keep current under the repayment plan that you propose. A repayment plan can last for up to five years. After finishing your payments, most of your unsecured debts are discharged.
Chapter 11. Chapter 11 is designed primarily for business reorganization, but is also available to consumer debtors. Its provisions are quite complex. In the vast majority of cases, Chapter 11 is unnecessary and too expensive for most consumer debtors. The filing fee for Chapter 11 is $1,039.00.
Chapter 12. Chapter 12 lets family farmers repay their debts over a period of time, and is in many ways similar to a Chapter 13. The filing fee for a Chapter 12 is $239.00.
Credit Counseling. Reputable credit counselors can advise you on managing your money and your debts. They may also be able to develop a plan to repay your debts. Unfortunately, many credit counselors are not reputable and charge high fees and contributions that will cause you to fall deeper into debt and damage your credit rating. Furthermore, many misrepresent their non-profit status and/or their affiliations with religious or charitable organizations, and are little more than collection agents for the credit card companies.
Under the changes to the Bankruptcy Code that took effect October 17, 2005, you are required to take two short credit counseling courses, one before you file bankruptcy, and one after you have filed. We will refer you to a reputable credit counselor who has been approved by the United States Trustee Department for these courses.
BAPCPA REQUIRED NOTICE NO. 2 (§ 527(a)(2) of the Bankruptcy Code) NOTICE OF MANDATORY DISCLOSURE TO CONSUMERS WHO CONTEMPLATE FILING BANKRUPTCY
Please Note: These Notices are required by legislation adopted by Congress in 2005, after intense lobbying by the credit industry. In our opinion, these notices are designed to scare and intimidate good people who have had bad things happen to them, and need debt relief. These Notices are based on the false assumption that all people who consider bankruptcy relief are dishonest. Please rest assured—so long as you are honest and meet the requirements set out under the law, you are entitled to debt relief. We can guide you through all the requirements of filing bankruptcy, so long as you provide us accurate and complete information.
If you decide to file bankruptcy, it is important that you understand the following:
Please Note: These Notices are required by legislation adopted by Congress in 2005, after intense lobbying by the credit industry. In our opinion, these notices are designed to scare and intimidate good people who have had bad things happen to them, and need debt relief. These Notices are based on the false assumption that all people who consider bankruptcy relief are dishonest. Please rest assured—so long as you are honest and meet the requirements set out under the law, you are entitled to debt relief. We can guide you through all the requirements of filing bankruptcy, so long as you provide us accurate and complete information.
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. An attorney can help guide you through this intricate process, making it easier and less stressful for you.
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 will be questioned by a court official called a "trustee" and, much more rarely, 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.
