Client Name(s):
____________________________________________________________
INTRODUCTION:
(1) Same Relief As Chapter 7: I
understand that the DEBT-Buster
Plan is a special type of bankruptcy case, one
that has been made available as a result of the
recent changes to the Federal Bankruptcy Law.
Basically, it is "hybrid" version of a Chapter
13 bankruptcy case. "Hybrid" means that it is a
Chapter 13 case crafted and modified to get me
the same debt relief and protections that I
would get if I filed a Chapter 7 bankruptcy
case.
(2) Less Money Needed Up-Front To Get
Started: The real benefit of the
DEBT-Buster Plan is that I can get
started and protection from my creditors by
paying less money up-front than would be
necessary if I filed a standard Chapter 7
bankruptcy case.
(3) Additional DEBT-Buster
Plan Benefits:
: If I choose
to, I can pay more and get done with my
DEBT-Buster Plan sooner.
"Bust Free" From Under Certain Debts
To My Ex-Spouse: I can get out from
under obligations to my ex-spouse, other
than alimony or child support, contained in
marital Separation Agreements and/or Court
Orders (other than Orders for contempt of
court.)
"Bust Free" From Debts Incurred To
Pay Taxes: I can also get out from under
loans I obtained to pay taxes I owed.
No Reaffirmation Hassle, Risk, Or Cost:
Unlike Chapter 7, I will not have to
"reaffirm" my vehicle loans. "Reaffirm"
means that I sign back on vehicle loans
"personally". Not having to do so saves me
the hassle, the risk of personal liability,
and $125 per vehicle in attorney fees.
QUALIFICATIONS:
In order to qualify for the DEBT-Buster
Plan, all of the following must be true,
as of the date my DEBT-Buster Plan
is to be filed with the Bankruptcy Court:
(1) Chapter 7 Candidate: I must
qualify in every respect as a candidate for
filing bankruptcy under Chapter 7. Among
other things, this includes the following:
1) Exemptions: I must have available
to me "exemptions" sufficient to protect all of
the property and other possessions that I own
and want to keep. "Exemptions" are laws which
define how much and what kind of property I can
keep and protect, even if I file bankruptcy.
2) No Secured Debts In Plan: I must
agree that all of my secured debts will be paid
"outside" my DEBT-Buster Plan,
except where I agree to surrender to the
creditor the collateral securing the debt (or
where, in the case of a judgment lien, I agree
to pay the cost of avoiding the lien). This
means that none of these debts will be included
in or paid through my DEBT-Buster
Plan.
"Secured" debts are debts where my creditors
holds, as collateral, a lien against something I
own, and includes obligations such as car loans,
home loans, real estate taxes, judgment liens,
homeowner association dues, and income,
sales and withholding tax liens.
3) Must Keep These Secured Debts
Up-To-Date: I must continue to pay and
keep up–to-date on all of the following
secured debts:________________________________________________________
4) No Leases Or Executory Contracts In
Plan: I must agree that all leases and other
executory contracts will be "assumed" and will
also be paid "outside" my DEBT-Buster
Plan, except where I agree to surrender
to the creditor the collateral securing the
debt. "Leases and executory contracts" include
obligations such as the lease of a car, an
apartment or a commercial building.
5) Must Keep These Leases And Executory
Contracts Up-To-Date: I must continue to pay
and keep up-to-date on all of the
following leases and executory contracts:
____________________________
6) Must Pass Means Test: I must pass
what is known as the "Means Test". The Means
Test is a new test under the law that I must
pass in order to qualify as a candidate for
Chapter 7.
(2) Can Afford It: I must show that I
can afford to pay all of my normal monthly
living expenses (including the secured debts
mentioned above), plus my
DEBT-Buster Plan payment. To make these
expenses more affordable, I have agreed to
surrender the following property to my
creditors:
________________________________________________________
(3) No Priority Debts: For the
$99/mo plan, I must have
less than $1,300 in "priority" debt, and
for the $199/mo plan, I
must have less than $6,300 of "priority"
debt. "Priority" debts are special debts that
must be paid in full in a Chapter 13 case,
such as past-due child support or
alimony, personal property taxes due for the
last 2 years, income taxes due for the last 4
years, or sales or employee withholding
taxes due for any year.
(4) No Pending Criminal Proceedings: I
must not be involved in any pending criminal
proceedings.
UNDERSTANDINGS:
I understand and acknowledge the following:
(1) My case will not be filed until I have
both paid to your law firm $_______________
and signed all the final paperwork
necessary to file my case.
(2) My first DEBT-Buster Plan
Payment will be due the 1st of the
month after my bankruptcy case is filed.
(3) My DEBT-Buster Plan will
only get rid of my "dischargeable" unsecured
debts such as credit cards, medical bills,
loans, and obligations left over after
repossession or foreclosure.
(4) My DEBT-Buster Plan will
not get rid of any "non-dischargeable"
debts, such as child support, alimony, student
loans, or debts owed by me as a result of fraud
or embezzlement or intentional misconduct.
(5) My DEBT-Buster Plan will
however stop 'collection' upon these student
loans and educational benefits while I am in my
plan. Even so, interest on student loans and
educational benefits will continue to accrue.
(6) My DEBT-Buster Plan will
not get rid of any "secured" debts, except
where I have agreed to "surrender" to the
creditor the collateral on which the creditor
holds a lien.
(7) My DEBT-Buster Plan will
only get rid of my obligation to pay
certain debts. It will not get rid of
somebody else's obligation, as for instance the
obligation of someone who co-signed or
guaranteed a debt for me. For example, my
DEBT-Buster Plan will not get rid of my
spouse's obligation on a debt, unless my
spouse files bankruptcy with me.
(8) My DEBT-Buster Plan will
not stop any pending criminal proceedings.
(9) If I owe any alimony or child support
payments, I must pay and keep up-to-date all
such payments that come due after my
DEBT-Buster Plan is filed. Otherwise, I
will not have the right to obtain a 'discharge'
when my DEBT-Buster Plan is
complete.
REPRESENTATIONS:
I represent the following to be true:
(1) No other secured debts, executory
contracts or leases: I do not have
any secured debts, leases or executory
contracts, other than those specifically
referred to above
(2) All Income Tax Returns Filed:
All of my Federal and State income tax
returns for the last 4 years have
been completed and filed, or will have been
completed and filed, before my bankruptcy
case is filed.
(3) All Sales And Withholding Tax Returns
Filed: If I am or was in business,
all of my Federal and State sales tax and
employee withholding tax returns have been
completed and filed, or will be completed and
filed, before my bankruptcy case is filed.
(4) No "Priority" Debts Owed: I do
not owe any "priority" debts above
the limits set forth above in paragraph "(3)" of
the Qualifications section, such
as past-due child support or alimony,
personal property taxes due for the last 2
years, income taxes due for the last 4 years,
or sales or employee withholding taxes due
for any year. In addition, I will not owe
any "priority" debts on the date that my
bankruptcy case will be filed.
EXTRA REQUIREMENTS TO QUALIFY FOR $99
PER MONTH PLAN:
(1) Steady, Dependable Income: I have,
and will have as of the date my case is to be
filed, enough steady, dependable income
to pay both: (1) My $99 per month
DEBT-Buster plan payment and (2) The
cost of all my normal monthly living expenses
(including debts secured by vehicle(s) and home.
Note: For the purpose of qualifying for the
special "$99 per month" plan, "steady,
dependable income" includes only steady,
dependable income I receive: (1) From permanent
employment working for someone else (where I am
paid either on a salary basis or based upon a
hourly basis for a steady number of hours), and/or (2) From retirement plans and social
security. It does NOT include income I
earn or receive from self-employment, employment
based upon production goals or commissions,
unemployment, Worker's Compensation, overtime
work, bonuses, rental income, short-term
disability, or gifts from family or friends.
(2) Payroll Deduction Necessary: I
agree to submit to payroll deduction for the
purpose of making my DEBT-Buster
plan payments.
Note: This will be required only
when it is possible to set up payroll deduction.
For example, it will not be required if my only
income is from retirement or social security.
FAILURE TO QUALIFY FOR DEBT-Buster
PLAN: (Please have clients initial each of
the following.)
[
] Before Bankruptcy Case Filed: I
understand and agree that if I fail to meet any
of the terms or conditions necessary to qualify,
as of the date my bankruptcy case is to be
filed, for participation in a DEBT-Buster
Plan, your office will have no obligation to
proceed with filing of the DEBT-Buster
Plan version of bankruptcy on my behalf.
[
] After Bankruptcy Case Filed: I
understand and agree that if, in hindsight, I
failed to meet any of the terms or conditions
necessary to qualify for participation in a
DEBT-Buster Plan or if I
become more than 30 days late my DEBT-Buster plan payments, I agree that
my bankruptcy case will thereafter be treated as
if it is and always was a standard Chapter 13
case, in which event the attorney fees will be
increased up to the maximum amount allowed by
law (which is $3,000 in the Eastern District of
N.C. and $2,500 in the Middle District of N.C.)
DISCLAIMER: Results set forth on the "Debt
Options & Results" sheet are an estimate
based upon the information provided by me on the
date that sheet was filled out, and those
results assume that there will be no significant
changes in the nature or extent of my assets,
debts, income and expenses as of the date that
my bankruptcy case will be filed.
ACKNOWLEDGMENT: I have read and
understand all the terms and conditions set
forth in this understanding. I have also
received a full copy of this document.
SIGN UP & AGREEMENT: I hereby sign up for
the following DEBT-Buster Plan
and agree to all the terms and conditions
set forth in this understanding.
PLAN SIGNED UP FOR:
[ ] $199
per month plan
[ ] $99
per month plan
Dated: _______/________/__________
____________________________________
_____________________________________
Signature
Signature (of spouse, if also filing)