The client understands that each case is unique and handled as such. The client understands that a bankruptcy petition must be filed in order to be considered for bankruptcy discharge. The client understands that there are rare instances where the filing of a bankruptcy petition will need to be postponed or not filed at all. In such rare cases, a guarantee to discharge is not considered and after proper accounting, any unearned fees will be refunded to client. The client understands that in order to receive a discharge for solely dischargeable debts (11 U.S.C. 523) in a Federal Bankruptcy Court, many factors must be considered and met, including all standards under 11 United States Code (U.S.C.) Title 11 (bankruptcy code) and standards set forth herein. For a Chapter 7 discharge, the client must pass a means test (or successfully rebut any presumption of abuse), T.O.C. test and survive any and all 11 U.S.C. 707 objections. In a Chapter 13 case, the client must fulfill all obligations as ordered by the Bankruptcy Court (including completion of their repayment plan). In either case, the client must survive any objections by any creditors pursuant to 11 U.S.C. 523 or any other provision found in both Federal and State law. The client understands that some debts are not dischargeable by their nature and that no objection is required for said debts to survive. The client must act in good faith and be truthful with all his/her financial affairs. The client is only allowed a certain amount in exemptions for both real and personal property. The client must take all required due-diligence courses in a timely fashion. The client must attend a meeting of creditors, otherwise known as a 341(a) meeting and represent to the acting Trustee and/or U.S. Trustee the information found in the bankruptcy petition (as confirmed by Barrios & Machado) to be true and correct. The client must provide all required documentation to both Barrios & Machado and the U.S. Bankruptcy Court upon demand. The client understands that failure to comply with all requirements set forth by both Barrios & Machado and the U.S. Bankruptcy Court will cause the denial of said discharge and instead a dismissal or closure of client's case. Failure to comply with the aforementioned invalidates any guarantees, either express or implied, made by Barrios & Machado. Barrios & Machado will be able to inform the client whether he/she qualifies for a bankruptcy discharge and under which chapter of the bankruptcy code. The client understands that all attorneys acting "of counsel" for Barrios & Machado are their own separate law firms and act completely independent of Barrios & Machado. Barrios & Machado does not participate and does not assume any responsibility or liability for any case represented by attorneys other than Ursula Barrios and Guillermo Machado. All information obtained is strictly confidential. First consultation is free.
