Mar Oa <2 1O:02B
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54I 1@ bk-01319-BSS D O C 31-2 Filed 05/1 H$293-Page 1 Of 10
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Resen dk Winig, P.A..
2925 PGA Boulevard, Suite 1()0 a PalrttBeach Gardens, FL 33¹ lo
ATTOR N EY/CI IKNT BANKRU P TCY FEE A GRKE M K ) ItvIT
The Isw fute of Rescudr vA1alg, RM ("Aaorecys," "oxr" cr "we")agreesm Isovidc legal services to yoc, Bd ority r Mary Gsrrity, ou the terms aud cocdiueus scr
fartb mthisAgrccmcut
g
II
This Ag r ecracm
wiII set take csex. and vrcwat have no obligation tc provide asy kqsd scrvt tea to cttcat. until clicat nsurusa signed copy
cr dds Agreuucct mAuomcys, The ctfectlvc Rateof rhis Agre»cent. Ixuvcver, shall hc rcuosctivc te the date wegrst perionucd services, if prior tothe date Clitxu
»ass rbhAcre»neet.
OPE OF SERVICES irt passing the Bankruptcy Abuse Preventionund Consumer Protection Act of 2005, Congressunposed strict
to make cenain represmtsbousto
requirements uponattorneys representingdebtors, requiring them to specify what duties they wilt perform and
clients. Due to th» ~
iins n cial hardship you have idtxttified,
you are retaining Attorneys to represent you, and only you, v.rith respect to
preptxurion for possibly filing aChapter 7 bankruptcy petition.
Attorney is dedicated to the principle of providing quality services to consumers at reasonable cost and with adbcceuccto the tughest ethical
standards. Legal counsel wiU be availableto consult with and advise you as te matters that may arise regarding this representsion of you.
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Attorneys shall provide Cb'ent with the following services, as is approprisa
a. A r t intake interview with
you m discussyour financial situation has»d on infonuationprovided by you.
h. Pr o v ide the acct(ou )42(b)(I) notice, which sets
out the purpose, bcnefits, and crux of Ciitiug underChapters 7, I 1, 12, or 13; the types of service
availablefruru credit counselingugcutxcs; audtbe penalties of committing certain bankruptcycrimes, and will explain the noticem you, SeeExhlbit
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Pre p at» your Chapter 7 petition,
nritcduies,statem»ut of a%uts, other documents, Mailing Matrix, and review your case underChapter 7.
d.
As s ist in thc amendments of the papers 61»d
sndthe production of such documents as the trustee request,
c.
Ass i st youin the negotiation snd execution of realfumation agrccsnentsthat ere ia your best interest and meet thc rcquironems of the law;
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f, A s a separate docu
tnenr, lmt inrduded as partof Ibis Agre»ment. provide youwith notice of"Important information About Bankruptcy
AssisumccServicesfrom an Att orney"asrequired by secr
ion527 oftheBankruptcy Act,SeeE xhibitA;
g. A s a separate doc@mors„but included as patt
of this Agre»ment, provide youwith fnformsrion te the Assisted Person (Debtor) on How to
Provide All inftxtnstten Required by Section 52!." See Etthihlt B
h. P repare far and attcttd the Section 341 first meeting ofcreditors;
if Cimnf s proceeding requires additionaL but ttotcustotnary work, Attorneys will informClient directly, and enter tutu a scpanue written contract
for such services to apprise Client fuHyof the fccs, paynterrt rcquuem»nts. and expected services ro be provided. In addition. cny other services,such
as defense of a complaint to determine dischsrgrxdxlity of a debt or of a United States Trustee motion toconvert this case or distuiss it as an abusive
ftling, are not included and will be provided only thmugh a scpsnue representation agreement.
Attorneys' representation will notinclude any matters other thanthe services dcttdled in paragraph 2 sections. Attorneyswill not b» providing
advice on uut issues Cliettt should consultwithe tax specialist before azrydecision regardingbankruptcy is made. In the event you vvish to retain
Attorneys to performany services for you that sre not rebated to 6ling of a Bankruptcy perition, we require that you enter into a separate, written
agreement with regard tostmh other representation. We agree to take reasonable steps to keep you Informed of tbc progress of your bankruptcy
meter, snd to respond to your inquiries, Wc will not represent your spouseex any other member of your furuily unless we havea signed wxittcu fec
retainer agreement for legal services betweenthem and us. Unless we enter into a different vvrittcu agreementwith you regsrdmg the pmvision of
bsninuptcy services. Ibis Agreementwili govern aII Icgtd services we may perform for you.
Ycu understand srul agree that Aucvneys et ayutilize the services af Ivterase
IS
Drcxcu, lac., an outs(dc company,ts assist ttooxncysia pcrfermiug ucu-legal services vndcr this Asnxruac. Y'cub»vbyceto»st w such utittxutcu, tucivdtas cvy
ncccsuuy disclosure ofccagdcctial Iafcuaariea u> ivtcrgm IXexca. Iuc.
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Ycu aatborireAtmrncyt with utc discrcdon tosclccL if scccsuuy, snas»may licensed in
your jsrisdlcden ("loud counsel I aud/srs ~ s
ecrec ysc assist Anerueys in pnwidu~ uxvtccs cederthisAgre»neat Auorccys' tuc of!seal couascl wgl uot
mcrcssc tbc fees teat chargesyouagv»xt t opsy uadev this Agvevxncst. If Attorneys needte tnursfcrycur case &an one iccal counselmau»ther your ccnscurto such
uacsfcr wgi beimplied unless you object iu vtritiug vvithin sevru (71 Rays. 3y sissing dus Agrtemcor„yau are ccavcatingte Ancrucys sluniag psn of osr cantina»u
fccoracy othertbcpaid tc Au»me>s uorhr tbis Agre»acct vritblocal cover»i Aey re»sharingatumgst attorneysvvrg uctincreasethefeesaudcharges you agreed tc
pty underthis Agr»uncut. Any refcrml madeto Attorneys cr by Atuxucys to represent yea is a couucsy only.
S.
II E SE R VI K A u e m eys,
wttb tbcsssistsuce cf shergsn Otcxta, tu" „will bcprcvtdiug those services described iu paragraph
2. Thesescrvicvs do act
include litigation. Reprcscctsritxt as tosuchtxhcr legal msuers msy bc rasdc available undec a separate agrcctutat. Thc ~ s
grc c mcut would address thc teens
sad scope of such rcprcscuuaioa,aswell ss thc addiuecsl charges fur any asdittoast scrvkus You udccsstaaRttualirigstion maucrs arc always time sec sitive mal
thai you crust ubdry Aucveeys icuuediatvty sad pmvxieAucvvcys mth stt ~ p
vtxc w u rk iu order
tosBel~ Atuuucys te adviseyou ctfcctivdy aud toprepare
pleadings if accessary,sothe desdgscsare>set.
Clicm agrees that tbc feltovnag jucttervere net included whale the sccpcortbh Aauxsccut. Client agrees that. as tc tbc matters hsted below, thc Anomcy wig act
take say settee ou Cg cutsbehalf withoutsvtrineu request and'er s tcpuatc Rcudscr A srccracru sad posnbty su addiiticual rvtahtcr.
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Oaves RtE bk-01319-BSS Doc 31-2
F i led 05/1 i8$2t938ege 2 of 10
a. Rcprescntatiort of you in aay udvctstcy ~
g ar is i n g under Bstdnnptcy Cade Section 523 (gpr htd,
crcdircsrdabuse, false fmsuc)a] strueuxcnts oracy snd
ail exceptions to discharge under Sectios. 523) or Section 727 (for falseoath, conceslmcnt of assets. revocanon of discharge oracyother cbjecdons todischarge
under Senion 72T,'; or
b. Rcprcsentut(co afyou in any objection to claim of exemption by trustee or ctcxhtor, xu
c. Rcprcscntatcn ofyouin sny motion ffu rc((cf fmm stay by creditorm pmceed to foreclose on reef property or repossess personal property suchss automobile,
fumitum, ctc., or judicra) liens on real or personal propert), or
d Rcprcscrrtstion of you for uny type of federal or state advice, opmicn ncgooation, or sny other matters penaiaing to thc d(~
of a n y tan trader suy state or
federal law, iud uding, lett not limited tc:
1)
hf ot t c ns to revoke
a discharge.
2)
R cmove) of s pending action m number court.
3)
6)
Ob taming fida
rrpcru.
Tb c xLecrm(nation of reel esuue or uct liens.
5)
6)
7)
8)
3)
A p p ca)s to tbc BAP, Distrin Court of Court of Appeals,
C c r r ccriug credit reports.
N c g othmons with Check Systems regarding C)tent.
) v f(aions m Discuss Clients bankruptcy case fihx! by the Trustee, V S. Trustee, or any creditor.
A n y sdvcrsrsy proccethng Scd
by the Trustee, UA. Trustee, or sny other party oc any basis. induding. without f)mitations, proceedings to de(emcee
disnnugsbiihy of debts
10) pr e paring ca)firlnauoc sgrccmcuts, ucgctistmg thc terms of rcafftrmst(oc agreements proposed by creditors
negotiating resffinnanon agreemcuts w)tcu Chrnrs income is not sufffcunrt to rebut thc presumption of undue hurdsbip and specud cbcurnstanccs do no:
warrant tbexigcht 0 of n rcafffrmstiou agreement.
Il) Mo t i on to impose or extend thc bsalrruptcy stay.
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Setuhng or rcceiviup aay summons or complaint, cr cotifymg tbc Aumneys ofa pending lawsuit does not obli&am OreAuotvcys to represent Client in thur lawsuit or
before tbtu cxsut. Anyxeprcscnuuiou of Client in a stree court procccdmg, including without hmttaoon: col)ccricn lawsuits, forecfusme lawsuits, ctc., is not included
in this Agrcxsncnc
Youacknowledge
f a cr c d itm provides
that you lied shorn snscrs or ccmccslcd,
and understand by signingdus Agrcemcnt tbtu (a) rtcbts will not bc ~ i
destroyedor transferred say propcny vrithin B~ C
ode S e ction 523 sett(cr 727; anti (b) st)
the bsakruptof pepcvr, pleading and pet(don arc signed under the
penalty of perjury and a ib]sc cath, conccslmeutof assets or o(hcr ailcgstioa urdar Bankruptcy Cods Section 727 by a credhcr, tnxstcc, or cornsxosyresult in tbe
dccisf cf d~
of de b t crothersanctions,
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You a&seato psy thc fogowing fees, sll of whichwi0 bcco'Jfcned from, snd paid thmugb rcnethly ~ t
a) A f ec for services covered by Iramtpnph 2(a) - (g} in dtc aruotmt of $3~.00;
b) Fr ging fees
of $t50(
c)
s.
A T r ust disburscrncntnusssctionfec."$10
d) A
$ ) 5 00 fce for any ACH payment not honored by yam' beak.
c) A
m o nthly Sst
fee of gt62.00 to cover castssnd eqtcrucs for tbc fogowing; psrslcgal and pnrspxofmsicnsi services,fscsirmlemutstnsuicns, telephone
charges,postage, cu~ d o c ument prucunjng, scsruring. mdeexng,rcxr(eval, and ottvu frlc rnsht
Attorney's work sbail rxuumencc promptly; however, thc ftsnf fscpsrauou of thc Ch
apter7 pctidcn shsff nsr bc accomplished uut0 nil fiun sct forthinparagraph 6(a)
snd (b) have been paid, Tltc fihng of thc pehtiOn wi1l only occtu Crace youhave provided Att orney with approve eud have paid thc fcc idmtfficd in 6(c). Tbe
Attorneysearn the aforcmcnticstcd Sun immediately uponreceipt of (L By signing this Agrccsccnr yoc further afpec to execute an AUTHORIZATION FOR CHECK
HA)(DLING 'ACH W facilitate thc trnesfcr of ftmds directly fxour yxnubsuk account to Our attorney mxu account. By signing this Agreement, you alsoagreeduu
your ftmds ntay be hc)d in a atmrnry tmst account held rn another stare other then tbe state whcte vou curtcm(y rmide,
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You ag r ee to be uutbful with us rcgunimg suy infuunatimt you provide
to m, t o ~ w
ith usm the proem of
performing scrriccs under this Agreenmt nodto keep ns informed of developments tlua may et%etyour rights, tc abide by tbc terrus of this ~L
and t o keep
us (andthc Bankruptcy Coat, followiag the Sing cf the petuicn) tcgularly iofonucd of say ebangcs in yoar adders, telephone number, sttd cunuct whereabouts.
You acknowledge your obligation to makefit)! and complete thsclosure of aff assets snd s)I liubi! itics, and to provide ail documents uudinformuiou requested by tbc
Attorneys. he(orethe bunkmpmy Fruition can be pcpsrtxk
You acknowledge thatyou must succd prc petition cnuht ~ b
efote you can fits s bsntuuptcy pctititm. You underscmd that yon
mustalso attend
porbpetition counsdiing after thc ~
penno nis filedand whhin thc time fismc allovrcd by'snnute.
You acknow ledge ttcu the Attorneys w0) nrs research crexbtorinformsticrt. includiug ~
accou n t mnubers, balances
ur
You m ust pmvidc this informal(onto
rite Auomcys in wrfdng. Failure to do so msy msolt in ~
u)ed debts subjec; to corvxb ~
fty,
'gf( l et)un&inthis Agrcuutcat snd nctiung in Our statcmcctstoyou am intended to bc, sml shall not be cornuncd sx, s promise
&. DISCLAIMER OF GUAR
or gusnmtce raga~& the outcome of your rnatter.
p.
IALITY You agree thar Rusra 4 Winig, pA its l awyersinctudmg
sny referred sud(or local cmmsel) snd other cmp!oyccs may d(setose such
(
confidcnttaf cheat ~
u as is ~
to btcf l t tarc the services Anoratys we providing, wbcduu stwh disclcsurc
is to theoutside companies,snyassoc(ntcd
counsel, oryour tucdrturs,
0. RETURN Op
Jbfp.
S An ydocumcras nqucstcd from you shall, to the extent possible„bc seat to m iodtc fons of copies or Axes, Any origioa)
documents provided
to ss will be returned to you dmmp or st tbe conclusion of this cngsgeuxcut if such a rxxftxcst ismade iu writing. If oo rcqccu is made,Attruncyt
wfil retain the file in a~
with t h c htws of the suue in which yon reside, sficr wtrirh time
thc ftlc may be destroyed wt1hout fmtbcr notice You hcrcbv consent
to Auoroeys relining ail recordstn isotronic foun cttly.
R E'ER f D Y , Y x 6 ~
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bred(ngab(itxstica„whcxhcr such dispute is related tc this A &recreant or ~ T
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he psrt i c e furtherserac that such arbitration will bc Scd with tttc American
don Associsdon, will be governed by thc~t
ice' srules of procrx)tuc. acd tbsrthedecision rendered wig be binding.
Further, both 5uru snd. Attorneys hereby sc)mow'ftx)gc, understand, and agree that arb(union of disputes under tins Afxccment bas advantages and diauivactsgcs when
ccrnprxcd to subjccxbrg such disputex to tbc court process acd s jury trial, ind uding. but nor limited ur
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IVlar OB 12 10:03a G e s g $kr1g bk-01319-BSS
DOC 31-2 Filed 05/1NM93 age 3 of 10
p.7
s.
A r b i usdon msy provide a i&acr rcsotutiua of sny disputes then a counbtw;
of
b. Arbiuudonmay provide a lessexpeudve means ofIeschtng 9 resolution orth« pnrdes'~
c. A l b i trsuon
Itc&ypro'vide & 'Inure tui'ottu&1 nteaus of lesOlutlos of dispJtes',
IL
A r b i trteon Iusy allow less
discovery dttst that allowedin a lawsuit;
e.
A t b i trsdou is bhIdisg end, appeals are
limited.
By &gracing to this arbitrationchutse, both you snd Attorneys give up therigln to a nial by either'petty as against thc other'. In thc event of htok ofcootmrsdonur acts or
smiocts that hmder the&rhinal process, fae ~ a
re em p owered to wake adverse interim SrAktgs, to provide prcbtuimsy iujtmcdve relief,
or take other actions
ibst will grcititatc the srbitrcl ixoccsscr aPPeels„ including meltingfuxrtngs of fax or cxtadusiousof law in a vmttcu decision,
QI~Ijvm~T
N You may teuuinatc this A~
et any tire«by providmg Atmcncy widt 6$«en (I g) days written notice. Attoraeysnmy' tcrtuucstc tllis
agre«meta it thrudy sa
cucenu are not made or if you unreasonably fail to cooperate m our representation of you. Tcrtnht&rica wi9 becffcccive hit«ca (151 daysafter
wriueu noticeis sent to your lect known address
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N
P4AT I
l udt e event
of dte tmminsdou of thisAgrcccnent by eubcrpscty. auy ac«reed fees snd costs shall become hutuetisely dec tmd
payable.
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V j jt hlgfJ Kj(if any provi sion of this
Agmcmest is Sxxtd tobe invalid, thatporuua shall uot &Gect thevattdicy or cuforccsbil icy of the remaining provisions,
which wiB remain in full fcrceendefface
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This Agresuumt consdtvtes the ftdl aad complete egrtxcucut between the parties aml supcrwxka any snd sll
uudercumdings, whetha written or ottd, with respect m services providedfor m thisAgrccmeur.
other&Sr«
em
eute or
16.A
ND M K NT p
AGRKEI C IKNTAtcomcysmaymake changes totbis Ayeeaumby providmg yon with n written uodcc of any change to this
Agreement. such chusge wgl become cffecdvethirty go) thy sfbilowhtg nuti6cstiott, utdcss you pnvvide Attorneys vrilh written notircof yuur objcedon pdor tothe
«fhcdve dsss of tbe chtmge. ExCxgtt as provided above, uo modi8csti<mor atucudmust to this Aectnccu is valid unless sct forthiu s sepsrtue aud diadncr nrem
agreement signed by the psrdes to thisAgre«mene No waiverof&aytermor condhiMI of this A~ w
ill b e valid or binding aon
party unless agreed upon by
such pmty in wttttng
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17 LIEN
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Rv i Es Yo u h e reby graze
usa lieu an sll churns or CCmscsof &cd«a thee are the suttject of o ursepcescutsdon uuder this ~c
at. G u r
lieu will be ibr aay sums owingto us for auy unpaid costs or &notary fees st the conchudcn of our serviccn. The lieu will auacb to anyxecovety you tneyobtain,
whether bv srbiunuonawstck judgmcul, setdccneut, or otherwise,
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W The «ugxceab Ility, vaiidhy. cousuuchon and oper&dun of this Atptsuscstl,sndCII of its tcrcns. shallbe deterred accxxdut g to tbe laws of
tbc Stateof Be&la.
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END
A IC ERME Y
ou s u derstaacLeucl actncowlsdgc char thea
csucc s suuntsttlizcd connect cua 'utko"It-cTdesvc-tf'
basis, andis ucc s contract of adhesion, nud thatprior UIeureung iutu thisagre«meat, yoe have the freedom to bargain for and ~
*~
or t oc o&sub whb or
rcein sny odser anom«ye of year chmce.
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I F TOp
pY
T HI S A RK E
a ny of the terms of
this
By sign ingbelow, you acknowledge that you have Cctxdved u copy ofthis AgreccnenL that ytxt haveread the
eudr» rsxueuh ofddsAgrecmeat and that you uudersumd asd voluntarily agtcc withalt of the provisions
aacltenue of dds Agccccncut ss of dtc dau: Rosca dl vi'ted g,
pA, dratprovided professional ur Ietpd services ou your bchst f
UWK KACB HAYS READ THE ABOVE ACRKEICIKNT BEFORE SICNINC IT AND IiWE A(SOCOWLKDQK TILAT ENCE UNDERSfAI
AND CONDITIONS AND ARK KNTKRDlC INTO TIIISACRKEMENT FREELY AND VOLIINTARILY
AGREED AND AC~
B Y : W ed n esday, December8, 2019
Elef:tromf: Siynafure Receiveci: Tf.200.252.f47'
SIGNATURE OF CLIENT
Kd Gnrslty
NAME OF CO-CLIENT
gl Onymy
Dr.
Xaphs, FL 34114
Fbonet (Ve)TSS44S",
Email ID: PiiA
Rouen tfc W'Inig, P 4
ATTORNE'Y AT LA'W
CONH
I T ST E RMS
Mar 08 32 10:03a
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Do c 31-2 F i l ed 05/1 gg ggl@ge 4 of 10
Separate Disclosure Required by Section 527 of the Bankruptcy Code ss Amended
IMPOR"I'ANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICE FROM AN ATTORNEY
I f you dioxide to seek bankrupt re
lief, you can represent you~ f, you can hire nn attorney to tcpresent you, or yoa can get help in sorus
localities trom s bankruptcy petition preparer who isnot an auorney, The taw tattulres an attorney or bankruptcy petition preparer tn give
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yoa a written contract specifying what the a~racy or bankruptcy petidon preparer wig do for yan and hosrntuch it wi8 cost. Ask to see
1he contract before you hire anyone.
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The gsiluv.ing mfortnation explains what must be done in a rouhnc bankruptcy case to help you evaluate how much service you need. Before
fding a bankruptcy case, either you oryour attorney should analyse your elig
ibilityfor different forms of debt rehef available under the
Bsnknptcy Code and decide which foun of relief is most Iiktdy to be beneficia for vou. Be sure you ~
d the relief you can obuun snd:ts
Iimicrtimts. To file a bankruptcy case, doclnents (Petition, Schedules, Stntentent of Fmancial Affair, and m sotne cases a Shncntent of
Intention) must bc prepared correctly and fded with the bankruptcy court. You wIII have to pay a filing $ee to the bankruptcy cotrt Once your
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case starts„you mustattend the requn ed first nun:tingof creditors, where you may be questioned by a court official called a trustee" and by
creditors.
lf you choose tc fIIe a Chapter 7 case you may be asked by s credhor to reaffnm a debt. You may want hdp decidtng whether to do sc. A
creditor is not permitted to coerce you into reat%rrning your debts.
lf you choose so Ble a Chapter 13 case, in which you repay your cnxhtors what you can afford over 3 to 5 years, you may also want help
preparing your Chapter 13 plan snd with the confirmation hearing on your plan, which will be before a bankruptcy judge.
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If you seiner another type of relief under thc Bankruptcy Code other than Chapter 7 or Chapter 13, you should consult someone familiar with
that type of relief.
Your bankruptcy case may also tnvolve litigation. You are generally permitted to represent yoursdf m litigation m bankrupuy court, bnt ordy
lawyers, not bankruptcy petition ~
„csn @ve youegal
l advice.
chant hereby acknowledges receipt of a copy of this disclosure.
Signature
(Print Name)
Xd Carrftyf Pdacya rrftv
Xl Onvs. ISr.
Naples, FI. 34I14
(239i793-g447
EXTA
I af I
Mar 08 12 10:04a
Q )t1869(rfi8-bk-01319-BSS
D O c 31- 2 F i l e d 05/1N8293-PSge 5 of 10 p . g
Information to the Assisted Person (Debtor) cn How to Provid"Ail Infbrnmtion Required by Section 521
Section 521 cf tbeCodesets out the Debtor's duties related io the filing of a bankruptcy case. A ocpy of the section is attachedto this vrrrting,
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As you fig out these schedules and staunncnt of affairs, you should keep rbe foIlowing in raind:
1.
Completing tbe mcoine real expense pages aocurstdy andcomplete)y is critical,
(a)
To compile your income, refer to recent pay stubs and last, year's inccmc tax returns. Accounting for overtime, invesmtent
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dividends, and other earnings isnecessary.
Peopleusually paycashFor maay items, such as groceries. Review your month)y expense payments and tnake a best
cari>nate on cashexpenditures. If you pny instsunce mnua)ly, calculate the monthly cost Attached areIRS expense
rdlowanctn for die area in which you iive. If your expcvrses exceed these, we will have to review them and perhaps make
adjustments.
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When you va)ue property you own, consider prices m the neighborhood for homing, in newspapers and car lots fur
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automobiles, and what you would pay for furniture and clothes at a businessselling sucb goods.
Ed)
lfyou have an hem of specialvalue, an appraisal may be necessmy.
(e)
(I)
When listing creditors, co11ect cuncnt biBs arul use that information for maihng addresses aml balances due
I)nder the law of this state,or fedend bankruptcy law. certain property may be exempt and may be rctaincd. Attached is a
copy of the state list of excunptions and also a hst of proprnty that may be exempt under fedora) law. Neither list is
all-inclusive. If a seller basa lien on exempt property, tbe lien may be avoidable or you may have to pay for thc property in
order to keep it. Aller you have prepared these lists, we can review them and decide what property rlualifics as exempt.
Signature
(Print Name)
Signature
(Print Name)
Date:
Kd Garrity r Mary Carrity
2I Onyx Iyr.
%spies, FI 34114
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PURPOSES, BENEFITS AXQ COSTS OF BANKRUPTCY
Code g 527(a)(1)dkg 342+)(1)
The United ~ s C onstitution provides a method ~
indiv i duals, bmdened by excessive debt, can obmm a fresh financial shut and pursue
newly productive lives unitnpaired by past financial problems, It is an important alternarive for persons mired deep in financhii difTi-culty.
The federal bankruptcy ws
la were enacted to provide debtors with a fiesh start and to establish a ranking and equity among sl] the creditors v. bo arc
clamcrmg for the debsor's limited re-sources. Bankruptcy helps people avoid the kmd of pcrrnsnent discouragement that can pre-vent themfroru
ever rcestablishing themselves as hard-working inembers of society Also, creditors are ranked so that the debtor's uoncxcinpt property can be fairly
distributed accord-ing to establishedrules guaranteeing identicrd teatnunu to aB creditors of the same rank
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Ttus discussion is intended only ssa brief overview cf the types of bankruptcy filings and of what a bankruptcy Iiiing can and cannot do. Anyone
considering this coun' of action is en-couraged to seek the advice and assistance of auattorney specializing in bankruptry law.
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Types of Bankruptcy
The Bankruptcy Code is divided intochapters. The ctaqnets which usually apply to consunier debtors are chapter 7, knownas a Liquidation, aud
chapter 13, known as an Adjustrnmtt of the Debts of an Individual with Regular 1ncome.
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An. imponnnt feature applicable io aB types of brnkraprcy flings is the aummatic slay. The aumrnatic stay means that the mere request for
b nkruptcy protection automaticsgy"surys" or forces anabrupt halt tu ~i
ous, I b reciosnres,
evictions, garnisbments, attachments, util-ity
shut-oES, and debt cogeciion harassment It offers debtors a breathing speg by giving the debtor and the trustee assignedto the case lime to rcv>cw
the situation and develop an appm-pnate plan. Creditors cannot take any further action aglnst the debtoror the property with-out permission Bom
the bankruptcy court
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Chapter 7
ln a chapter 7„or liquidation case, the bsrdnuptcy court appoints a trustee to examine the debtor's asscu and divide them into exempt and
nonexempt propisrty. Exempt property is limiled to a cerurm amount cf equity ra the debhrr's residence, raotor vehicle, household goods, life
insunmce, health aids, specified fuurre eanungs such ss social security benefits andalimony, and certain other personal property. The trusteemay
then seg the nonexempt prop-city and distribute the prcceerb among the unde:ared cirxhtors. Althougha liquidadon case canrandy beip with
secured debt {tbe secured creditor stiB bas the right to repossess the col-lateral), the debtor wBI be discharged from the legal oblig
ation to pay
unsecured debts such as credit card debts, medical bills and uritity arrearages. However, eenain types of unsecured debt are aBowed special
treatrneirt and csrmot be discharged. These include smne student loans, alimony, child support,criminal fines, and soine taxes,
Chapter 13
ln a chapter 13 case, the debtor puts forward a plan, following tbc rules set forth in the bankruptcy laws, to repay ag creditors over a period af time,
usual iy Irom future income. A chapter 13 case msy be ad vantageous in that the debtor is agovmd toget caught up on mortgages or car loans without
the threat of foreclosure orrepossession
and is allowed Su keep both esnrspt andnonexemp
t property. Thc debtor's plan is a sitnple document
outlining to the bank-ruptcy court how thedebtor proposes to pay curreru expenses while payktg off'aB the old debt bdancm. Tbe debtor's propcny
is protected Gom seizurefram creditrus,inctuding morigage and other ben holdem, as iong as tbe proposed peymenis are made. Thc plan gen-emgy
requires inontbiy ~
to the b ankruptcy trustee over a period of three m fiveyears. Arrangements can be made to have these payments made
automaticsliy through pay-roB deductions.
Chapter' I I
(TakenJroru ihe ogicirri Ifebsire of the Adminisrrarive O@ce of the United Starer Courrr. January 21)gpi
A caseIBed under chapter 11 of tbe United States 13snkrupmy Code is frequently referred to as a "reorganization ~c
y.
Upon the fiiing of a voluntary petition for relief under chapter the debtor automsricaBy assumes an additional identity as the "debtor in possessiony
The term refersto a debtor thai keeps possession and control of its assets whge undergoing re-organizarion under chapter ] 1, without the
appointmentof n case rrusme. A debtor wgl remain a debror in possession until thc debtor's plan of reorganizationis confirmed, the debtor's esse is
disinissed or convetteri to chapter 7. or a chapter I I trustee is appcirsed. The appoinunerrt or elec-tion of a trusteeoccurs only in a smug number of
cases. ~
gy, t he debtor, as debtor in ~
ou," o p erates the business
and performs mar y of thc fimctions that a trustee performs in cases
under other chapters, 11 U S.C. 1 11117{a) A written disclosure statement and c planof re-organizatitar must be fiied with the comt, 11 U S.C. Ii
11'2l.
The disdosure statement is a document that must contain information concerning
thc assets. Ii-abilities. and businrus atfairs of tbe debtorsutficicnt
to enable s creditor to make an informed judgment about the debtor's plan of reorganbuuton, 11 U,s.c ii I tZs. The infonnaucn requhcd is
go~rued by judicial discrerion and the cbcurnsumces of the case. The contents of the plan must include a dassificarion of claims snd must specify
how each class of clainiswill be treated under the plan 11 U.S.C. g 1123. Creditors whose claims are "impaired," i.e., those whose con-tractua}
are ro be modglied or u%a w 11be paid less than tbe fuB value o f their cfaims under the plan vs on the plan by ballot. 11 U.S.C. 5 1126.
After thcdisclosure statement is approved and tbe ballots are cofiected and tallied, the bankruptcy court will conduct a confinnarion hesrutg tu
determine vvhether to confirm the plan. 11 U S C. f 1128.
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The Chapter 11 Debtor-tn-Pessessloa
iltiic individualsme nat precluded &om using chapter 11, it is znore typically used to reozgsnizc a business„which may be a corporation, sole
.zzprietozshi p„or partnmsltip. A cozpozatiozz ezdsts scpamt» and apart &om its owners, the stockholders. The chapter 11 banivuptcy caseof a corpo
ration (corporation
as debtor) does aot put thc izcrsonaI assets of the stockholders at risk other than thc value of their investment in thc company's
stock.
A sole proprietozship (owner as debtor),txzthe odzer hand, docs not have an identity separate and distinct '&ozn its owner(s}; accordingly, a
bankruptcy case involvinga sole proprictomhip includes both the busiztcss andpersonal ~
of t h eownersdebtzzrs, Like a corporation, a
pazmezship exists separate and apart &om its partners. In a pazmership bankruptcy case (partnership as debtor), however, the Irattncts' personal assets
may, in some eases, bc used to pay creditors in the bank-ruptcy case or the partners msy, tbezmwlves, be fo!ced to tzic fm. bankruptcy protection
Section 1107 ot lhe Code places the debtor in possession in the position of a fiduciary, vrith the rights and powers of a chapter 11 uustee, and
requires the pczfozznancc of cll but thc investigativc funcdans and duties of a trustee. These duties are se! &zrth in the Bankruptcy Code und Federal
Rules of Bankrupmy procedure. 11 U.S.C, tj I ) 06, 11071 Ped.R. Bankr. P, 2015(a) Such powers and du-ties include ace«un!ing for property,
examhringand objecting so daims, and &Ihtg informs!ional reports as required bythe comt and thc United States trustee, such as monthly operating
reponx The debtor in possessrou also has tasny of the other powers and duties of a trustee including thc right, with the comt's approvai, to employ
attorneys, accozmtants, appraisers, auctioneers, or other professional persons to assist the debtor during its bankruptcy case.
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The Single Asset Real Estate Debtor
Single asset real estate debtorsare subject to spezxsi ptovisions of the Bankruptcy Code. The term "single asset real estate" is defined as 'a sing! e
property or project, other than residential retd property wdth fewerthan four zcsidczitizd umts, which generates suutzmtizdly all of the gross mcotne of
a debtor wbo is nota Gaily farmerand on which no subsuzntial busmess is being conducuxf by a debtor other than the business of operating the zeal
property snd acuvitics incideniid." I I USC. tj 101(51B). Thc BankruptcyCadeprovides circumstances under which creditors of a single asset real
estate debtor tuay obtain relief from the automatic stay which azu not available to creditorsin ordimay bankruptcy cases. 11 U.S.C. g 362(d). On
request of a crzxhtor with a claiin securedby thc single asset real estate and a&cr notice and a hearini„ the court chil grant rid icf &om the autoraatic
mtcrest payments to the creditor vrithin 90 days fromthe
smy to thc creditor unless the debtor &les a feasible plan of ieorgzmization or beginstucking
date of thc filing of the case, or within 30 days of the court's determination that the case is a single asset zeal estate case. The interest paymczus !aust
bc equal to the non-default co!mast interestrate on the value of the creditor's interest in the rest esuae. I '1 U S.C. 6 362(dx3).
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Other responsibilitiesinclude Ring taxreturns and Gbng such reports asare ~ o
r as t h c emut orders after confirmation, such asgnaI
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accounting. The United States trustee is respozzsibte for monitoring thecompliance of thc debtor in Possession with!he reporting requirements. in a
small business case. 11 U.S.C, 6 11 02(a)(3). A smail business case procixxbfaste!than a rcgu-lar chapler 13 case because the court may
te statement subject to final approval a&et' notice aad a bearing and solicitation of vo!cs foracceptance or rejersion
conditionally approve a disciosu
of thc plan. Theres&zxthedisclosure starcmezzt bearing may becoznbmed with the confumationhear ing. 11USC. 6 1125(f), ln addidon the
debtor has a shortened period of tizne (100 days &am the date of thc order for relief) within wliich only the debtor may &le a plan.
What Bankruptcy Csn aed Cazznot Do
Bankruptcy may iuake it possible for financially di~
mdi vi d uals to:
1. Discharge liability for most orall of their debts and get a &esh start. When the debt is d~haiged. !he debtor has no further legal obligszion to pay
tbe debt.
2. Stop foreclosureactionson their home and allow them an opporumity m catch up on missed paymems
3. Prevent repossession of a car or other property, or force the creditor to return pi«pe!ty even after it hss been repossessed.
A Siup wage garnishment snd other debt collection ~
ent , and givetheindividual some breathing zoom.
S. Restore or prevent termination of utility service.
6, Lower the monthly payments on debts, inctudiag ~
debt s such as czu loans.
7. Allow debtors an opportunity to challenge the zdauns of certain creditors who have corn-mitted fraud or who aze otherwise seeking to collect mote
than they are legally entitled tc,
8. Bankruptcy, however, cazuzot cure every fznzuzciat problem. Bankrupt is usual Iy not possible to;
9. Etizzzuuuc certain rightsof secured creditors. At&tough a debtor can force secured creditors to take payments over time in the bankruptcy rpocess, a
debmr generally cannol keep the col-lateral unless the debtor continues to pay thcdebt.
10. Discharge types of.'debts smgled out by fhc fedcnd bankruptcy statutes fbr special ucatment. such as chiM sup pozt, athzumy, some studezz! loans,
ccztain court ordered payments, criminal fizzes, and some taxes.
11. Protect all eosignczs on their debts. lf rzdative or &ibid co-signed a loan which the debtor diswharged in bankruptcy, the cosigner may still be
obligated to repay i' I oan,
12. Discharge debts that are incurred after bankzuprcy has been fhed.
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Bankruptcy'»Effect oa Your Creilit
By federal law, a bankruptcy can remain part of a debtor 's credit history for 16 years. Whether or not the debtor wil) be ~
cre dit in the future
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unpmlictab]c. In some cams it may actually be easier to obtain future credit, because new creditors may feel that »inca the old obligations have been
disclsuged, they will beGi»t in gne. They also recognize that the debior cannot again file bankruptcy for at least the next six yctus
Debtors have the option after bankruptcy of voluntarily paying some creditors, such a» a doc-tor or hosphal„with whore they wish to maintain credit.
'Ihe payments are volunuoy and do not rcaAirm thepast obligation
About credit counseling agencies
11 U,S C. ('t 342(b)( I &)
The following infunoation is taken vcrbmiin from the v.eb site of the Pedaal Trade Commission, www.ttc.gov
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Credit Coun»cling
If you' re not disciplined enough to cieatea workable budget aud stick to it, can't work out a te.payment plan with your creditors, or can't keep track
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uf mounting bills, coo»hler contacting a credit counscliag organization, atony credit counseling organizatiom sie noapiofft snd work with you tu
solve vour fmancid problems.But be aware that, just because an ~ b
on s a ys it is "nonprofit," thtoe's no gmuantee that its services are &e,
affordable, or even Ieghimate. In Act, some credk counseling organizations charge high fees, which maybe hidden, or tuge consumers to make
"voluntary" contributioos that can cause more debt.
Most credit counselor»offer service» through local offices, the trite»net. or on the telephone. If possible, find an organization that offers in-person
counseling.Many universities,miiiuuy bases, credit unions, housing authorities, and branches of ihe U.S. Cooperative ExtensionService oper-aie
nonpruGtcredit counseling piogisins. Your Goont4al institution, local consoiner protection agency, and friends aod, gun ily also may be good sources
of infortnation and referral».
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Reputablecredit counseling organizations can advise you onrnanagmg your money anddebts,help youdevelop abudget,and oAerliceeducational
materials and workshops Their coun»elors sre certi6ed and tituned m the areasof con»niner credit. money and debt inanagcmcnt„and budg-etiag
Coun»el or» discuss your eiuire financial »ittsttion with you, and help you develop a petsrxoelizcd plan to solve your money prob]cms, An initial
counseling session typically lasts an hour, with an offcr of fogow-up sessions.
Debt htanage»neat Plan»i
1 f your fmancial problems stein &om too much debt or your inability to repay your debts, a cmlh counseling agency may recommend that you erxull
in a debt tnanagemeritplan (Dh4p). A DMP alone isnot credit counseling, and DMP» ate not for everyone. You»hould sign up for one of these plans
only aller a certified credit counselor has spent@methorougldy revieuoog your finan-cisl situation, and has offered you custoroized advice on
uumaging your money Even if a DMP i» aptxoopristc for you, a reputablecredit counseling organization still canhelp you ~ s
bu d getsndu»tch
you money managementskills
In a DMP, yuu deposit moiuy each month with thc credit coun»cling oqgsnizauon, which use» your deposits to pay your ~ d
ebts, l i ke your
credit card bills, student loans, snd medical bd!», according to a payment schedide the counselor develop»with you and your creditors. Your
creditors may agree to tower your intete»t tates or waive certain fees, but check. with sll your creditors to hc sure they otVer the concessions that a
credit counseling organization deoribes to you. A successful DMP requires you tomakeregular, ti melypaymenis and could take 48 mouths or
more mcomplete.Ask thecredit counselor to estimate hew iong it will lake ibr you to corn-pl atethe plan.You mayhave m agree not to apply for
or use-any addit>on»i cxedit while you' re participating in the plan.
ACKNOVfLEDG1VLKNTOF RECEIPT
The undctsigned acknowledges that attorneyRoses dkWtnlg, P A has given me a copy of this disclosure required by Bankruptcy Code g 527(s)(I)
8c, $ 342(b)(l).
Date:
(print Name)
Sign»tore
Date:
(Print Name)
Ed carrotyl itdaxy Garrity
21 Onyx Ilr.
aspic», Fi. 34114
(239)79341447
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P.13
Debt Schedule
Ciieltt authorizes Pigueredo 8: Boutsis, P.A. and, its af5liates to negotiate and resolve the followittg
D~
Account Number
iC'
CHASE
DISCOVER PERSONAL LOAN
54662640053I
541065840688
808172251924
GEM B/JCP
600889530036
GEIvIB/SAMS CLUB DC
601136107063
GEMB/WALIvIART
603220353007
GEMS/% AL MART
HSBC/XAIJTL
MCYDSNB
603220353048
CITI
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$13383,00
$5,534.00
$5,339.00
$5 186,00
$3,991.00
$2.869.00
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151691102260778
4791501684320
431243088144366I
WELLS FARGO BANK
Kd Garrity
$6,9) 4.00
$11,239.00
TotaI Debt Amounh
$1,101.00
$5,117.00
$60,673.00
Klectrouic Signature Received: 7L200252.147
Client by s igrung this schedule urhlTIls the In16aI batunce at engagement unless orhervise verified and that a ll d e bts listed are
not secured debts, such as car, appliance and home loan. Client was informed that any debt i n cluded in the No n-Formal
(Chapter 13) Debt Resolution. program v&ich is scornedby personal property subjects such property to i b r ccio sure or
repossession.
Ed Gurrity / M
ary Gamty
21 Onyx Dn
Naples, FL 34114
(239)793-0467
Debt Schedule
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D i r ect Assistance Fttad
Financittl Pre6ie Worksheet And Certificate
Oats: 12/08/2019
Natue: Kd Garrity
Co-Client: Mary Garrity
Income Source: Driver
Net Monthly Income: $4,000.00
Number of d peudeuts: 0
Back Taxes: $0.00
Do you own yourhome? No
Egtuty Amount! $0.00
Do you have other assets with equity NO. Please list the additional assets and theamount of equity for each:
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Value
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List possible sources of extra funds avaiiahle for settlement: (List Amount)
~Bnd et
Rent/M
ortgage
Home insurance/Taxes
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Car Payment
Utilities
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$575.00
$360.00
$25.00
Phone
$500 00
Education
Medical
Entertainment
l tilsc (household, gifts, hair, dry cleaning)
Other
DAF C rti6cate
The EDAF CERTIFICATE confirms your eligibility for a one-time monetary advance of up to $1,000 00 with NO tax:sor
interest for the advance. Your eligibgity is incremental and is subject to the following requirement. You have provided a valid
personal hardship where your ability to sustain your monthly payment toyour creditots hasbeen severely impedeck You have
properly engaged Figueredo d'c Soatsis, PA, m provide representation to you to negtuiate settlements of your unsecured debt.
You maintain your household budget as staual above and you consistently, without interruption, set aside $596.00 per month
into an attorney trust account to ftlmce uegoriated settlcruents of your ~
Descrintion
60 Day
Amount
Advance
SI,GOG.OG
Total Advance:
$1,000.00
Ed Garrhy / Mary Garrity
ZI Onyx Qr,
Naples, FL 34114
(>&917934467
Fpw
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