debt assistance initial consultation...

DAVID W. GARRETT

Attorney At Law 1732 Lakeshore Drive

Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]

8535 Mason Drive, Newaygo, MI 49337 2/27/2014 226 South Warren, Big Rapids, MI 49307

216 South James Street, Ludington, MI 49431

Expedited Filing

(For garnishments, pending foreclosure, or other rush

emergencies)

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



DEBT ASSISTANCE INITIAL CONSULTATION AGREEMENT 1. Client Seeks Advice. The Client desires to obtain advice with debt issues and relief from

debt. Client understands that in order for the attorney to give meaningful advice, certain detailed

financial information must be provided fully and accurately. Client agrees to give accurate, full and

fair disclosure of financial information. Client therefore promises to provide complete and truthful

answers to the Pre-Bankruptcy Screening Questionnaire attached to this agreement.

2. Attorney Provides Advice. The Attorney agrees to interview the client and give

advice and counsel to assist the client in making decisions about debt problems, the possibility of filing bankruptcy, selecting the appropriate chapter of bankruptcy, and how a bankruptcy case may help or hurt the debt problems of the client. The interview may be terminated at any time by either the attorney or the client. There is no charge for the first 20 minutes.

3. ALL INFORMATION PROVIDED BY CLIENT WITH A BANKRUPTCY PETITION MUST

BE COMPLETE, ACCURATE, AND TRUTHFUL. ALL ASSETS AND LIABILITIES ARE

REQUIRED TO BE COMPLETELY AND ACCURATELY DISCLOSED IN THE DOCUMENTS

FILED TO COMMENCE THE CASE. REPLACEMENT VALUE OF EACH ASSET DEFINED IN

TITLE 11 UNITED STATES CODE SECTION 506 MUST BE STATED IN THOSE DOCUMENTS

WHERE REQUESTED AFTER REASONABLE INQUIRY TO ESTABLISH SUCH VALUE.

INFORMATION PROVIDED DURING THE CASE MAY BE AUDITED AND FAILURE TO

PROVIDE SUCH INFORMATION MAY RESULT IN DISMISSAL OF THE CASE OR OTHER

SANCTION, INCLUDING A CRIMINAL SANCTION.

4. Client acknowledges receipt of papers entitled: IMPORTANT INFORMATION ABOUT

BANKRUPTCY ASSISTANCE SERVICES, Disclosures 527(a) to (c), Notices under 342(b),

Documents under 528(a), Fee Disclosure, “Don’ts” List, Gift Letter, Privacy Policy, the MRPC

Informed Consent Notice, Fee Agreement and Supplemental Statement. Additional Notices to

Client, Notices concerning Preferential Transfers, Notices concerning Government & Bank

programs, Contact with your attorney, and if you do a Chapter 13, Advice on Motions to Life Stay,

Pending lawsuits and Garnishments, Required Documents and Timeliness, Additional Disclosures

concerning the Scope of Work, the 180-day Rule, Reaffirmation Agreements, and Title, Deed,

Recording Defects, Bad Faith, Budget Accuracy, the Reaffirmation Agreement handout, Credit

Report Release, Document Instructions, LBR 9013-1, and Explanation of Chapter 13 Attorney

Fees.

Client(s):x_____________________ x_____________________ Phone_______________

Print Names:_____________________________________________________________ How did you learn about us? ________________________________________________

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



“SNAPSHOT OF FINANCES”

Estimate your total: Total Amount Financed?

1. Credit Card Debt $ Home Mortgage $

2. Medical Debt $ Second Mortgage $

3. Repo Debt $ Current Home Value $

4. Personal Loans $ Type of Home

5. Debt to Family $ Vehicle Loan #1 $

6. Child Support Arrears $ Vehicle Loan #2 $

7. Furniture/Jewelry Debt $ Other Real Estate $

8. Tax Debt $ Any Assets? Y / N

9. Student Loan Debt $

10. 401K Loan $ Office Notes:

11. Toy Debt (Boat, Quad, etc…) $

12. Other ___________________ $

Estimate your:

My Income:

Questions:

1. Ever filed bankruptcy before? 5. Paid on family loans?

2. Being sued or garnished? 6. Transferred property?

3. Current on house payments? 7. Taken name off?

4. Number of persons in household? 8. Stopped using cards?

MARRIED? Y / N SPOUSE FILING? Y / N

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



Preferred Method of Communicating With My Attorney

○ Yes ○ No

1. I have easy access to a computer and use it often.

○ Yes ○ No

2. I have easy access to Wi-Fi.

○ Yes ○ No

3. I always carry a cell phone. Number: ____________________________

○ Yes ○ No

4. I check my e-mail frequently.

E-mail address: ______________________________________________

○ Yes ○ No

5. I have easy access to a printer.

○ Yes ○ No

6. I have easy access to a scanner.

○ Yes ○ No

7. I have easy access to a fax machine. Number: ___________________

○ Yes ○ No

8. My first choice is to provide information over the phone and am often

available during the day. Best time of day: ___________________

○ Yes ○ No

9. My first choice is to come into the office when asked.

○ Yes ○ No ○ Yes ○ No

10. My first choice is to use the mail. 11. I like to use Facebook and other social media.

Name: _______________________________________________ Mailing Address: _______________________________________ City: _____________________ State: _______ Zip: ___________

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



HERE’S THE PLAN

Our Fax/Phone: 1-800-747-6655 Our E-mail: [email protected]

Mail/Fax/E-mail the completed “worksheets” to the Muskegon office.

Mail a check or money order for $______________ to the Muskegon office by _____________. Mail the completed “Debt Relief Agency Services (Fee) Agreement” as well.

Fax/E-mail the requested “documents” to 1-800-747-6655 or [email protected]. Documents include the last 90-days of paystubs and bank statements and last year’s tax returns.

Fax/E-mail your driver’s license(s) and Social Security card(s) to us.

Take the pre-bankruptcy counseling class call a “Credit

Briefing”. Call 1-800-747-6655 to make your next appointment.

Bring $____________ to our next visit.

Call 1-800-747-6655 for code to do online “worksheets”.

Call 1-800-747-6655 to set up “phone interview” in place of

worksheets. (Chapter 13’s only. Allow one hour.)

mailto:[email protected]


DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



Debt Relief Agency Services Agreement

Client(s)______________________________________________________________

Address _____________________________________________________________

City, County, State _____________________________________ZIP_____________

Phones ______________________________________________________________

E-Mail ____________________________________

The term “client” as used herein means “client” or “clients” and also “assisted person” or “assisted persons” as defined in the Bankruptcy Reform Act of 2005. The term “attorney” means “Debt Relief Agency” as also defined under the Act. Client promises to cooperate with attorney in the preparation of client’s case as set forth below. Cooperation includes truthfully and promptly completing any questionnaires, worksheets, or on-line data entry programs offered to client by attorney. Such cooperation also includes obtaining, making copies, and promptly delivering to attorney any documents, appraisals, title examinations, or photographs requested by Attorney. Cooperation also includes maintaining your financial “status quo”. In other words, don’t refinance, acquire new debt, or transfer assets. Finally, cooperation means complying with any other relevant requests made by attorney, the bankruptcy trustee, court, or other authority during Client’s case. Client further accepts responsibility to determine and timely notify attorney verbally and in writing of any foreclosure sale date and to verify completion of the filing process prior thereto in the event a Chapter 13 case is to be filed in an effort to stop the foreclosure. Failure to so cooperate as set forth herein is a material violation of this agreement and may result in a suspension or termination of attorney’s representation. Client is further willing to waive the attorney/client privilege in the unlikely event Attorney is called upon to explain any potentially untrue representations client may make in the course of client’s case to a trustee, the court, or other authority. Client acknowledges billing is hourly and the estimates provided herein are not to be considered a “cap” or fixed price as each case may vary. To expedite fulfilling client’s request for relief and the immediate benefit of attorney’s strategic judgment and experience, attorney has or will set aside sufficient blocks of time on attorney’s next available case preparation days for work on client’s case and refuse additional clients which might demand such time. Therefore, client agrees any payment made to attorney is non-refundable. Attorney may decline or terminate representation at any time in the event complicating factors arise including business related issues, preferential transfers, undisclosed income or assets, fraud issues, etc. (Attorney may in his sole discretion refund up to 50% of any amounts paid, however.) Legal services are provided on an hourly basis. The office rate is the maximum allowed for this type of case but not more than $200 per hour and may be adjusted periodically. In addition, client will be responsible for any out-of-pocket costs Attorney may incur on behalf of client such as copying costs, travel expenses, filing costs, costs with third party vendors, and the like. Client acknowledges that fees for bankruptcy services may not be borrowed. Any amount tendered which is obtained from a third party must be accompanied by a signed letter indicating the funds are a gift to client without obligation of repayment. Otherwise, the funds are assumed to have been earned or received as a benefit by client.

Representation for appeals, bankruptcy Adversary Proceedings, bankruptcy conversions, any contested bankruptcy issues, for matters beyond the scope of a routine bankruptcy, and for matters contemplated after the filing of the bankruptcy under Lamie v US Trustee, S.Ct. 1023 (2004) will require an additional retainer and fee agreement be signed. In Chapter 13 cases the agreed upon fee for all pre-confirmation services is $3000.00 unless attorney provides an itemized statement for more or less to the bankruptcy court for approval. Client authorizes trustee to release from escrow unpaid attorney’s fees in unconfirmed cases. In Chapter 7 cases the agreed upon retainer, unless otherwise agreed in writing, is $1675.00 exclusive of filing fees and costs. Representation does not include adversary proceedings and post-closure work. The retainer client paid initially for a Chapter 7 case covers all of the bankruptcy work up through filing plus the first "341" meeting with the trustee. Clients may also schedule one free consultation to ask follow-up questions after the "341" meeting. Missed or rescheduled 341 meetings, post-filing amendments to your petition, trustee requests for further documentation, assistance with reaffirmations, and the like are additional at the rate of $200/hr plus court fees, if any.

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



Invoices and Statements showing the accrued payments and the balance owing will be sent to client periodically. Balances are due and payable on receipt. Payments are applied first to attorney’s actual and anticipated attorney’s fees and then to costs such as filing fees. After three months client(s) will be automatically invoiced for an additional $450 for bankruptcy filing factor re-evaluation charges. Client acknowledges failure to timely pay as provided herein is a breach of this agreement and may result in the termination of services. Client’s failure within six months to pursue bankruptcy relief and file such case with the court for any reason will indicate client sought consultation only and enable attorney to close client’s file retaining all sums paid to date. The case may be reinstated in attorney’s sole discretion. Attorney will pursue the chapter of relief requested by Client(s), whether Chapter 7 or 13. However, no assurance of preference is made until the court approves eligibility. Client acknowledges there are risks and unforeseen consequences in filing for bankruptcy relief as there is in any litigation. For example, not all debt thought dischargeable and not all property thought exempt may be as hoped due to a question of valuation or the changing state of the law. In other words, Attorney cannot guarantee the outcome. At the conclusion of client’s litigation, client is entitled at client’s expense and upon written request to copies of client’s file except for attorney’s notes and unpaid work-product. If client leaves all or part of the file in attorney’s possession the attorney has authority to destroy client’s file two years after the case is completed. By signing this agreement client agrees with this file retention policy. Client acknowledges that client has received a copy of this agreement together with the "supplemental statement" in the initial disclosure package and read and agreed to its terms. Client further acknowledges client has the right to seek independent counsel for advice prior to signing this agreement or any part thereof. Debtor(s) represent they have not received a Chapter 13 discharge in the last 6 years or a Chapter 7 discharge in the last 8 years.

Chapter 13

Normal $100 at sign up, $895 before filing (within 3 months). Balance of fee in plan.

Expedited

$695 within one month of first visit along with completed worksheets. Balance in plan.

RUSH

$495 today or postmarked to Muskegon office within 48 hours along with completed worksheets, paystubs and bank statements. Balance in plan.

Chapter 7

Normal $200 to start, plus $1,695 (within 6 months), add $300 thereafter.

Expedited

$1,795 within one month of first visit.

RUSH

$1,595 today or postmarked to Muskegon office

within 48 hours of first visit along with

completed worksheets, paystubs, and bank

statements.

________________________________ _______________________________ Client signature Client Signature ________________________________________________ Attorney/Debt Relief Agency

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



BANKRUPTCY INTAKE FORM DATE: _________ Name, First Middle Last

_____________________________ ________________ ________________________________

Social Security Number ____________________________ Date of Birth _________________________

Street Address _______________________________________________________________________

City _______________________________________ State _______________ Zip _________________

County of Residence _______________________ Length of Time at This Address _________________

Prior Address if less than 2 years _________________________________________________________

Home Phone _______________________________ Other Phone ______________________________

E-mail __________________________________________

Marital Status: Single Married Divorced Widowed Separated

SPOUSE, First Name Middle (spell out) Last

___________________________ ________________ _______________________________

Social Security Number _________________________ Date of Birth ____________________________

Address (if living separately) _____________________________________________________________

City ____________________________________________ State _____________ Zip ______________

DEPENDENTS

Name Age Relationship to You Are they living with you?

1. ________________________ _____ ________________ [ ] Yes [ ] No

2. ________________________ _____ ________________ [ ] Yes [ ] No

3. ________________________ _____ ________________ [ ] Yes [ ] No

4. ________________________ _____ ________________ [ ] Yes [ ] No

Have you ever filed bankruptcy before, even if it was dismissed or you did not go through with it? [ ] Yes year: __________ Case No: ___________________ [ ] No Are both you and your spouse filing this bankruptcy together? [ ] Yes [ ] No Have you or your spouse been known by any other name during the past 6 years? [ ] Yes [ ] No Name Used _____________________________________ Dates Used ___________ thru __________ Name Used _____________________________________ Dates Used ___________ thru __________

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



1. Best guess of total: credit card debt $____________

2. Best guess of total: unpaid medical bills $____________

3. Best guess of repossession debt $____________

4. Are you financing vehicle(s)? YES or NO

5. Are you financing a home(s)? YES or NO

6. Any repossessions or foreclosures? YES or NO

7. Have you been sued? YES or NO

8. Are you being garnished? YES or NO

INCOME HISTORY FOR YOU (If left blank we will assume you mean “none”)

Employer’s Name _____________________________________________________________________

Address _________________________________________City____________ State ___ Zip _________

Telephone Number ____________________ Length of Time at This Job? Years ______ Months ______

Job Title (do not abbreviate) _____________________________________ Rate of Pay _____________

HOW OFTEN DO YOU GET PAID?____ every week _____ bi-weekly _____ other: ______________________

INCOME HISTORY FOR YOUR SPOUSE (If left blank we will assume you mean “none”)

Employer’s Name _____________________________________________________________________

Address _________________________________________City____________ State ___ Zip _________

Telephone Number ____________________ Length of Time at This Job? Years ______ Months ______

Job Title (do not abbreviate) _____________________________________ Rate of Pay _____________

HOW OFTEN DO YOU GET PAID?____ every week _____ bi-weekly _____ other: ______________________

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



INCOME Names of

Months: ________ ________ ________ ________ ________ ________

Name of Household

Member who receives it Gross Monthly Last Month

2 Months Ago

3 Months Ago

4 Months ago

5 Months ago

6 Months ago

Wage

Wage

Social Security

Social Security

Social Security

Disability

Pension

Pension

Hobby

Rent

Other Disability

Wage

Bonus/

Commission

Food Stamps

Babysitting

Unemployment

Worker's Comp

Gambling

Other:

Other:

Date: __________________

I/We certify the above chart discloses all of my/our household gross income before taxes for the last six

months.

X__________________________________

X__________________________________

Statement of CMI (Current Monthly Income)

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



SCHEDULE J - CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR(S)

Complete this schedule by estimating the average or projected monthly expenses of the debtor and the debtor’s family at time case filed. Prorate any payments made biweekly, quarterly, semi-annually, or annually to show monthly rate. The average monthly expenses calculated on this form may differ from the deductions from income allowed on Form22A or 22C.

Check this box if a joint petition is filed and debtor’s spouse maintains a separate household. Complete a separate schedule of expenditures labeled “Spouse.”

1. Rent or home ownership mortgage payment (include lot rented for mobile home)

a. Real Estate Taxes

b. Property, homeowner, or renter Insurance

c. Home maintenance, repair and upkeep expenses

d. Homeowner association or condominium dues

1.$_____________

a.$__________

b.$__________

c.$__________

d.$__________

2. Additional mortgage payments for residence (such as home equity loans) 2.$_____________

3. Utilities: a. Electricity, heat, natural gas

b. Water, sewer, garbage collection

c. Telephone, cell phone, internet, satellite, and cable

d. Other Utilities: ______________________________________

3. a.$__________

b.$__________

c.$__________

d.$__________

4. Food and housekeeping supplies 4.$_____________

5. Childcare and children’s education costs 5.$_____________

6. Clothing

a. Laundry and dry cleaning

6.$_____________

a.$__________

7. Personal care products and services 7.$_____________

8. Medical and dental expenses 8.$_____________

9. Transportation (include gas, maintenance, bus, train, but not vehicle payments) 9.$_____________

10. Entertainment, clubs, recreation, newspapers, magazines, and books 10.$____________

11. Charitable contributions and religious donations 11.$____________

12. Insurance (not deducted from wages, or included in 1.)

a. Life Insurance

b. Health Insurance

c. Vehicle Insurance

d. Other Insurance _______________________________________

12. a.$__________

b.$__________

c.$__________

d.$__________

13. Taxes (not deducted from wages, or included in 1.) _____________________________ 13.$____________

14. Installment or lease payments:

a. Car payments for Vehicle 1

b. Car payments for Vehicle 2

c. Other Installment Payments _________________________________________

14. a.$__________

b.$__________

c.$__________

15. Payments of Alimony, Maintenance, and Support (not deducted from wages) 15.$____________

16. Other payments you make to support others who do not live with you

Other: _____________________________________________________________

16.$____________

17. Other real property expenses not included above

a. Mortgages $________ b. Real estate taxes $_________ c. Insurance $_________

d. Maintenance $____________ e. Association fees/dues $_____________

18. Other expenses _________________________________________________________ 18.$____________

19. Describe any increase or decrease in expenditures anticipated to occur within the year

following the filing of this documents: _________________________________________

_______________________________________________________________________

_______________________________________________________________________

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



YOUR REAL ESTATE (And Mobile Homes)

Check type of real estate you own: [ ]House [ ]Condo [ ]Vacant Lot [ ]Mobile Home [ ]Other ________

Name(s) on Deed/Title _____________________________

Address(es) of Real Estate______________________________________________________________

1st Mortgage Company: ___________________________________________

Monthly Payment? ___________ Payoff amount? ____________ Value of your home? ____________

Behind in Payments? [ ] Yes (Behind __ months) [ ] No Intentions? [ ] Keep [ ] Surrender

Sheriff sale scheduled? [ ] Yes (Date:______) [ ] No In foreclosure/ redemption? [ ] Yes [ ] No

2nd Mortgage Company: ___________________________________________

Monthly Payment $__________ What is the Payoff amount? $__________

Behind in Payments? [ ] Yes (Behind __ months) [ ] No

Is this property insured? [ ] Yes (Insured by: _________________________) [ ] No

Do you own/have an interest in: [ ] Rental [ ] Vacant Property [ ] Land [ ] Time Share [ ] Other __________

Do you own/have any other real estate? [ ] Yes (Explain: _______________________________) [ ] No

YOUR MOTOR VEHICLES

Motor vehicles include cars, trucks, SUV’s, motorcycles, mobile homes, boats, trailers, campers, etc. that are TITLED IN YOU OR YOUR SPOUSES NAME. Include all vehicles even if paid in full or not running. TYPE: [ ] Automobile [ ] Truck [ ] Motorcycle [ ] Boat [ ] Trailer/Camper [ ] Other _________

Year _______ Make ______________ Model ____________________ Value of vehicle $__________

Current Condition: ______________ Mo. Payment? $ ________ Past due? [ ] Yes (___ months) [ ] No

Name(s) on title ___________________________ Name of company paying:________________________

Intention? [ ] Keep [ ] Surrender Insured? [ ] Yes (By: __________________ Expires:_____) [ ] No

TYPE: [ ] Automobile [ ] Truck [ ] Motorcycle [ ] Boat [ ] Trailer/Camper [ ] Other _________





TYPE: [ ] Automobile [ ] Truck [ ] Motorcycle [ ] Boat [ ] Trailer/Camper [ ] Other _________





DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



HOUSEHOLD INVENTORY Use values on items below as if you were to sell them today in a garage sale.

If left blank we will assume you mean "none".

Cash/Loose change on hand Debtor: $__________ Spouse: $__________

Bank/Credit Union Accounts

Bank Name: ________________________ Joint Acct: Yes / No: Debtor / Spouse Type: Ckg / Svg Value: $_________




Household goods & furnishings (include audio, video, computer equip., appliances, utensils, furniture, etc.) Value of all household

goods if you were to sell them today in a garage sale: Debtor: $__________ Spouse: $__________

Books, pictures and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles.

Item: ______________________________________ Value: Debtor: $__________ Spouse: $__________


Values of the following: Wearing apparel. (Include shoes, hats, coats, etc) Value: Debtor: $__________ Spouse: $__________

Furs Value: Debtor: $__________ Spouse: $__________

Jewelry (Wedding rings, watches, other items) Value: Debtor: $__________ Spouse: $__________

Lawnmower, firearms and sports, photographic & other hobby equipment.



Retirements. (401k, 403B, IRA's, profit sharing or pension plans)



Tax Returns (Federal, State & City)

Last Year Value: Debtor: $__________ Spouse: $__________Joint: yes / no When received: ____________

This Year: Value: Debtor: $__________ Spouse: $__________Joint: yes / no When received: ____________

Do you have any of the following. If yes, please give details below: Debtor Spouse Debtor Spouse

[ ] [ ] Whole Life Ins Policies [ ] [ ] Farm animals & Supplies [ ] [ ] Security Deposit $__________ [ ] [ ] Annuities [ ] [ ] Safe Deposit Box [ ] [ ] Education IRA/State Tuition Plan [ ] [ ] Stocks/Bonds/Mutual Funds [ ] [ ] Government Bonds [ ] [ ] Alimony/support arrears due you [ ] [ ] Life estate interests [ ] [ ] Patents/copyrights [ ] [ ] Inventory Details: _____________________________________________________________________________________

_____________________________________________________________________________________

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



YOUR REPRESENTATIONS

How many people currently and regularly live in your household? _____________ Is your name or the name of your spouse on any deed on any other real estate other than your home anywhere? ○ Yes ○ No Explain fully: _________________________________________ ____________________________________________________ Are you buying a mobile home? ○ Yes ○ No Are you on a land contract? ○ Yes ○ No Is someone buying a piece of real estate from you? ○ Yes ○ No Have you transferred any real estate out of your name in the last five years? ○ Yes ○ No Explain fully: _________________________________________ ____________________________________________________ If you gathered up all of the loose change and cash you and your spouse have in one pile right this minute how much would you have? ______________________ How many bank accounts of any kind do you have right now? ____________________________ If you sold everything in your home right now in a garage sale how much would you guess you might receive? _____________________________ Do you or your spouse have any retirements, pensions, 401k’s, or savings plans of any kind? ○ Yes ○ No Explain fully: _________________________________________ ____________________________________________________ Do you or your spouse own an interest in a business? ○ Yes ○ No Have you or your spouse made any money “on the side” or “under the table” in the last year? ○ Yes ○ No Explain fully: _________________________________________ ____________________________________________________ Aside from your real estate, your vehicles, and your retirements what other items of value over $1000.00 do you or your spouse own, rent, or control? _________________ Are all of your tax returns of any kind filed? ○ Yes ○ No Are you owed or do you owe child support? ○ Yes ○ No

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



Are you receiving workers comp, disability, social security, or government or insurance payments of any kind? ○ Yes ○ No Explain fully: _________________________________________ Have you borrowed any money from family, relatives, or your business in the last 6 years? ○ Yes ○ No Explain fully: _________________________________________ ____________________________________________________ Have you repaid any money to family, relatives, or your business that you borrowed or was given to you in the last 2 years? ○ Yes ○ No Explain fully: _________________________________________ Have you been divorced in the past ten years? ○ Yes Date: _________________ ○ No Are you a party to a pending divorce? ○ Yes ○ No

How long have you lived in Michigan? You: _______________ Spouse: _______________

Have there been any bank account transactions within the last 6 months of more than $2,000? ○ Yes ○ No Explain fully: _________________________________________ ____________________________________________________

Is there any money you receive that you do not report to the IRS? ○ Yes ○ No Explain fully: _________________________________________ ____________________________________________________

Do you have a reason to file a lawsuit against anyone? ○ Yes ○ No Explain fully: _________________________________________ ____________________________________________________ Is there any house, real estate, or other property owned by someone else that if it were sold today, you would expect to receive some money? ○ Yes ○ No Explain fully: _________________________________________ ____________________________________________________

Within the last two years have you given away, or otherwise transferred real estate, or any property worth more than $1000.00 to friends, relatives, or anyone? ○ Yes ○ No Explain fully: _________________________________________ ____________________________________________________ How much would you estimate you have charged on credit cards in the last three months? ____________________________________ Have you cashed in or borrowed on any 401K plan or retirement in the last 12 months? ○ Yes ○ No

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



Have you filed all the tax returns you are supposed to file? ○ Yes ○ No Do you now or have you ever owned any stocks, bonds, mutual funds, or other intangible financial instruments? ○ Yes ○ No Explain fully: _________________________________________ Do you understand the difference between Chapter 7 and Chapter 13 bankruptcies? ○ Yes ○ No Are you on any medications or do you have a medical or physical condition which might affect your ability to answer these questions truthfully and completely? ○ Yes ○ No Explain fully: _________________________________________ ____________________________________________________ Has a foreclosure been scheduled for your home? (Tell me audibly as well) ○ Yes ○ No Explain fully: _________________________________________ ____________________________________________________ Have you been challenged for fraudulent conduct by a creditor, vendor, or employer in the last three years? ○ Yes ○ No Explain fully: _________________________________________ ____________________________________________________ Will you need to borrow or receive a gift from family or friends to pay for the filing of the bankruptcy? ○ Yes ○ No Do you understand any debt relief strategy you may choose may have adverse credit consequences including its appearance on credit reports? ○ Yes ○ No Do you understand that I as an attorney do not represent you except to the extent I have agreed in a writing signed by both of us to represent you? ○ Yes ○ No Have you disclosed in this workbook all of your income, expenses, and assets? ○ Yes ○ No Have you received a Chapter 13 discharge in the last 6 years or a Chapter 7 discharge in the last 8 years? ○ Yes ○ No I (we) swear under penalty of perjury that the above representations are correct, complete, and truthful: Submitted by: ____________________________________ Date: ___________ Submitted by: ____________________________________ Date: ___________

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



Pre-Bankruptcy Counseling (Credit Briefing)

Everyone who files for bankruptcy relief now must have a "credit briefing". A credit briefing is usually a 90-minute interview on-line or on the phone with a trained pre-bankruptcy counselor approved by the court. There are several companies which do it. A certificate will be issued by the counselor after you have finished your interview, which must be given to the court for your case to go through. Below are a number of approved on-line companies you can pick from. Expect to spend anywhere from $15 to $50. Counseling can be done individually if you are filing individually, but must be done jointly if both spouses are filing. If you do not have a way to do your "credit briefing" on-line it can be done on the phone but costs more. Call us for details (we will handle the arrangements for you and charge an additional $100 to $150).

Cricket Debt Counseling 10121 SE Sunnyside Rd Ste 300 Clackamas, OR 97015 Phone: 866-719-0400 Internet: www.cricketdebt.com

GreenPath, Inc 800 Ellis Rd Ste 269, Muskegon, Mi 49441 10850 E. Traverse Hwy Ste 2280, Traverse City, MI 49684 7127 S Westnedge Ave Ste 5C,Portage, MI 49002 Phone: 800-630-6718 (for all locations) Internet: www.greenpathbk.com

Northwest Michigan Community Action Agency, Inc 1640 Marty Paul, Cadillac, MI 49601 - Phone: 800-443-2297 2202 Mitchell Park Dr. Ste 4, Petoskey, MI 49770 - Phone: 800-443-5518 3963 Three Mile Rd, Traverse City, MI 49686 - Phone: 800-632-7334 Internet: www.nmcaa.net

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



GIFT LETTER

I give the sum of $_______________to ________________________. I

make this gift without requesting or expecting repayment in cash, in trade, or

otherwise. It is my own desire to make this gift. My relationship with the individual

to whom I am making this gift is as follows:

_______________________________________________________

_______________________________________________________

I understand my gift may be used towards a bankruptcy filing or other form of

debt relief.

I make the above statements truthfully, without any “side deals”, just

because it is my desire to do so. I knowingly make the above statements under the

penalty of perjury.

Dated: _____________________ Signature: ____________________________________ Printed Name: _________________________________ Phone Number: ______________________

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



TEN “DON’TS” WHEN

ANTICIPATING BANKRUPTCY

I. Don’t repay family or friend’s the money or property you

owe them.

II. Don’t sell or give anything away.

III. Don’t borrow money.

IV. Don’t spend money on anything other than necessities.

V. Don’t borrow on or cash-in your 401k.

VI. Don’t pay more than minimum payments on credit cards

if you choose to pay anything at all.

VII. Don’t pay your attorney with borrowed money.

VIII. Don’t finance or refinance anything including houses and

vehicles.

IX. Don’t lie or fail to fully answer any questions on the

worksheets your attorney asks you to complete.

X. Don’t lie to the U.S. Trustee.

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



Too Broke to Go Bankrupt: Price of Chapter 7 Is More Than $1,500

by CNNMoney May 7th 2012 11:25AM

By Blake Ellis, CNNMoney

NEW YORK -- This year, hundreds of thousands of Americans are

expected to be too broke to file for bankruptcy.

The average cost to file for Chapter 7 bankruptcy protection, the most

common form of consumer bankruptcy, is more than $1,500, according to recent research submitted to the National

Bureau of Economic Research.

As a result, anywhere between 200,000 and one million consumers are estimated to be unable to afford that steep

cost this year.

The research, conducted by a group of professors from Columbia University, the University of Chicago and

Washington University in St. Louis, examined how bankruptcy filings spiked after people received their tax rebates

in previous years. They estimate that another 200,000 consumers, who would otherwise not have enough money to

file, will use their tax refunds to pay for bankruptcy this year.

"For lots of people, bankruptcy has been taken off the table as an option because of the severe fees involved," said

Jialan Wang, co-author of the report.

Among those fees is a charge of about $300 just for filing the paperwork with the federal court, while the rest

typically goes to bankruptcy lawyers, said Wang.

And there are other expenses on top of that, including fees for mandatory pre-bankruptcy credit counseling and a pre-

discharge debtor education course. These average about $85 altogether, according to a recent study sponsored by the

American Bankruptcy Institute.

That means many of the Americans who have seen their debt snowball out of control due to events like job loss,

foreclosure or a medical emergency during the economic downturn are now left without their last financial lifeline,

she said.

"It becomes harder and harder to pay off the debt as interest payments get higher, so your debt grows larger and

larger," she said.

The cost of filing for bankruptcy has risen in recent years as a result of the 2005 Bankruptcy Abuse Prevention and

Consumer Protection Act, which aimed to reduce the number of bankruptcies taking place by adding more

requirements to the filing process -- including additional paperwork and the credit counseling and debtor education.

While the bankruptcy rate has fallen slightly since the law took effect -- from a rate of 1.4% in 2004 to 1.3% last year

-- the average income of bankruptcy filers has increased, the NBER study found. The findings indicate that the new

requirements are pricing out many of the consumers who are least able to afford the fees, said Wang.

"It ends up being the relatively better off, or middle-class consumers who can actually afford to file, and the people

with lower incomes can't afford to file," said Wang.

http://www.dailyfinance.com/writers/cnnmoney/


https://twitter.com/intent/user?screen_name=cnnmoney

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



Billy Brewer, president of the National Association of Consumer Bankruptcy Attorneys, said bankruptcy attorneys

have no choice but to charge such high fees.

"When clients come in and I tell them the fee, they look at me like I have two heads, and say: What part of 'I'm filing

for bankruptcy don't you understand?' But we can't afford to do it for free," said Brewer, who charges an average fee

of $1,500. "Congress decided to make the process much more difficult and there's much more paperwork involved,

so attorneys are spending double the time they used to just to help someone file."

Those who can't afford the fees should still try to find a pro bono lawyer willing to provide legal services for free,

said Wang. However, only a small fraction of people are actually able to get this kind of help.

And think twice before you decide to go it alone, said Gerri Detweiler, director of consumer education for

Credit.com.

"It's too complicated now, and too much of a minefield. Make a mistake and your case is dismissed," she said. "A

dismissed bankruptcy hurts your credit just as badly as one you complete. So you have all the downside without the

fresh start."

She also warns against low-cost document preparation services claiming to help consumers fill out necessary

documents. It's easy for consumers to think they're getting sound legal advice even though the preparers aren't

lawyers, she said.

Among the various types of bankruptcy protection, Chapter 7 is the most common. Chapter 7 enables you to wipe

out some or all of your debt in the shortest amount of time, said Detweiler. Bankruptcy doesn't relieve you of certain

debts, however, like student loans or alimony payments.

If you're filing Chapter 7 bankruptcy, you can request to have the $300 court fee waived. The judge will typically

grant a waiver if your income is less than 150% of the poverty line and you can prove that you are unable to pay the

fee in full or in installments.

However, it's the attorney fees that are the biggest expense.

If you have been making some payments on your debts, an attorney may advise you to stop paying creditors, which

can free up the money you need to pay the attorney's fees.

But if you haven't had enough money to make any payments to creditors, Detweiler recommends asking friends or

family members for help. If that doesn't work, you could sell some of your belongings or get a second job, as long as

your attorney says that it wouldn't affect your ability to receive bankruptcy protection.

Brewer, of the National Association of Consumer Bankruptcy Attorneys, said sometimes it's just a matter of

rearranging priorities.

"If the need is crucial enough, consumers usually find a way to come up with the money," he said.

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES

FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER

If you decide to seek bankruptcy relief, you can represent yourself, your 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

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 question by a court official called a “trustee” and by

creditors.

If you decided 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, your may also want help with preparing your chapter 13 plan and with the confirmation of 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 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. Your are generally permitted to represent yourself in

litigation in bankruptcy court, but only attorneys, not bankruptcy petition preparers, can give you legal

advice.

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



THE FOLLOWING DISCLOSURES ARE MADE TO ALL CLIENTS

AND POTENTIAL CLIENTS

You may wish to investigate the services of a credit counseling agency. Among the types of services generally

offered: free counseling, personal budget and action plan, lower interest rates, waive fees, and stop collection

calls, consolidate payments into one convenient deposit. A person may first choose to seek credit counseling

before considering bankruptcy. Credit counseling is a service designed to assist a person with debts by budget

counseling, negotiation with creditors and proposal of a debt management plan. In order to be successful with a

debt management plan through a credit counselor, the person would need to make enough money to make regular

and substantial payments on debts. With a debt management plan, debt payments may be reduced and interest

may be reduced or waived, but bankruptcy relief is usually more dramatic and may be appropriate if a debt

management plan with a credit counseling agency is not possible or will not benefit the client. A credit counseling

briefing by an approved nonprofit credit counseling agency is REQUIRED before a person may file a bankruptcy

case.

ALL INFORMATION PROVIDED BY CLIENT WITH A BANKRUPTCY PETITION MUST 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. REPLACEMENT VALUE OF EACH ASSET DEFINED IN

TITLE 11 UNITED STATES CODE SECTION 506 MUST BE STATED IN THOSE DOCUMENTS

WHERE REQUESTED AFTER REASONABLE INQUIRY TO ESTABLISH SUCH VALUE.

INFORMATION PROVIDED DURING THE CASE MAY BE AUDITED AND THAT FAILURE

TO PROVIDE SUCH INFORMATION MAY RESULT IN DISMISSAL OF THE CASE OR OTHER

SANCTION, INCLUDING A CRIMINAL SANCTION.

As part of your case, you must value your assets, determine your current monthly income, determine your

disposable income, complete a list of creditors, determine what property is exempt, and determine how to value

your exempt property. Your attorney will make reasonable inquiry in an effort to assist you but only you are in

the best position to fulfill these requirements. You can value your assets by reviewing tax records, hiring an

appraiser, talking to real estate agents, looking on the internet, and the like. You can determine your current

monthly income by reviewing your payroll records, bank records, business reports, government or insurance

correspondence and the like. You can determine your disposable income by subtracting your average monthly

income from your average monthly expenses. You can complete a list of your creditors by pulling a credit report,

assembling your bills, reviewing your records, and the like. You can determine what property is exempt by

applying that portion of the bankruptcy law which provides for exemptions to each item of property you own.

You can determine the value an item of your exempt property by subtracting any secured debt attached to it from

its 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.

A PERSON WHO KNOWINGLY OR FRAUDULENTLY CONCEALS ASSETS OR MAKES A

FALSE OATH OR STATEMENT UNDER PENALTY OF PERJURY IN CONNECTION WITH A

CASE UNDER TITLE 11 (THE BANKRUPTCY CODE) SHALL BE SUBJECT TO A FINE,

IMPRISONMENT, OR BOTH. ALL INFORMATION SUPPLIED BY A DEBTOR IN

CONNECTION WITH A CASE UNDER TITLE 11 IS SUBJECT TO EXAMINATION BY THE

ATTORNEY GENERAL.

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



NOTICE TO INDIVIDUAL CONSUMER DEBTOR UNDER § 342(b)

OF THE BANKRUPTCY CODE In accordance with § 342(b) of the Bankruptcy Code, this notice: (1) Describes briefly the services available from credit

counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may

commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all

information you supply in connection with a bankruptcy case. You are cautioned that bankruptcy law is complicated and not

easily described. Thus, you may wish to seek the advice of an attorney to learn of your rights and responsibilities should you

decide to file a petition. Court employees cannot give you legal advice.

1. Services Available from Credit Counseling Agencies

With limited exceptions, § 109(h) of the Bankruptcy Code requires that all individual debtors who file for

bankruptcy relief on or after October 17, 2005, receive a briefing that outlines the available opportunities for credit

counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days before

the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted by telephone or

on the Internet) and must be provided by a nonprofit budget and credit counseling agency approved by the United States

trustee or bankruptcy administrator. The clerk of the bankruptcy court has a list that you may consult of the approved budget

and credit counseling agencies.

In addition, after filing a bankruptcy case, an individual debtor generally must complete a financial management

instructional course before he or she can receive a discharge. The clerk also has a list of approved financial management

instructional courses.

2. The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors

Chapter 7: Liquidation ($245 filing fee, $39 administrative fee, $15 trustee surcharge: Total fee $299)

1. Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors

whose debts are primarily consumer debts are subject to a “means test” designed to determine whether the case should be

permitted to proceed under chapter 7. If your income is greater than the median income for your state of residence and family

size, in some cases, creditors have the right to file a motion requesting that the court dismiss your case under § 707(b) of the

Code. It is up to the court to decide whether the case should be dismissed.

2. Under chapter 7, you may claim certain of your property as exempt under governing law. A trustee may have the right

to take possession of and sell the remaining property that is not exempt and use the sale proceeds to pay your creditors.

3. The purpose of filing a chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have

committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny your discharge and, if it

does, the purpose for which you filed the bankruptcy petition will be defeated.

4. Even if you receive a general discharge, some particular debts are not discharged under the law. Therefore, you may

still be responsible for most taxes and student loans; debts incurred to pay nondischargeable taxes; domestic support and

property settlement obligations; most fines, penalties, forfeitures, and criminal restitution obligations; certain debts which are

not properly listed in your bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle,

vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of

fiduciary duty, or theft, or from a willful and malicious injury, the bankruptcy court may determine that the debt is not

discharged.

Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $39

administrative fee: Total fee $274)

1. Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in

installments over a period of time. You are only eligible for chapter 13 if your debts do not exceed certain dollar amounts set

forth in the Bankruptcy Code.

B 201 (04/09/06)

UNITED STATES BANKRUPTCY COURT

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



2. Under chapter 13, you must file with the court a plan to repay your creditors all or part of the money that you owe them,

using your future earnings. The period allowed by the court to repay your debts may be three years or five years, depending

upon your income and other factors. The court must approve your plan before it can take effect.

3. After completing the payments under your plan, your debts are generally discharged except for domestic support

obligations; most student loans; certain taxes; most criminal fines and restitution obligations; certain debts which are not properly

listed in your bankruptcy papers; certain debts for acts that caused death or personal injury; and certain long term secured

obligations.

Chapter 11: Reorganization ($1000 filing fee, $39 administrative fee: Total fee $1039)

Chapter 11 is designed for the reorganization of a business but is also available to consumer debtors. Its provisions are

quite complicated, and any decision by an individual to file a chapter 11 petition should be reviewed with an attorney.

Chapter 12: Family Farmer or Fisherman ($200 filing fee, $39 administrative fee: Total fee $239)

Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future

earnings and is similar to chapter 13. The eligibility requirements are restrictive, limiting its use to those whose income arises

primarily from a family-owned farm or commercial fishing operation.

3. Bankruptcy Crimes and Availability of Bankruptcy Papers to Law Enforcement Officials

A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury,

either orally or in writing, in connection with a bankruptcy case is subject to a fine, imprisonment, or both. All information

supplied by a debtor in connection with a bankruptcy case is subject to examination by the Attorney General acting through the

Office of the United States Trustee, the Office of the United States Attorney, and other components and employees of the

Department of Justice.

WARNING: Section 521 (a)( 1) of the Bankruptcy Code requires that you promptly file detailed information regarding your

creditors, assets, liabilities, income, expenses and general financial condition. Your bankruptcy case may be dismissed if this

information is not filed with the court within the time deadlines set by the Bankruptcy Code, the Bankruptcy Rules, and the

local rules of the court.

Certificate of [Non-Attorney] Bankruptcy Petition Preparer I, the [non-attorney] bankruptcy petition preparer signing the debtor’s petition, hereby certify that I delivered to the debtor this

notice required by § 342(b) of the Bankruptcy Code.

________________________________________________

Printed name and title, if any, of Bankruptcy Petition Preparer Social Security number (If the bankruptcy petition

preparer is not an individual, state the Social Security

Address: number of the officer, principal, responsible person, or

________________________________________________ partner of the bankruptcy petition preparer.) (Required

by 11 U.S.C. § 110.)

x_____________________________

Signature of Bankruptcy Petition Preparer or officer,

principal, responsible person, or partner whose Social

Security number is provided above.

Certificate of the Debtor

I (We), the debtor(s), affirm that I (we) have received and read this notice.

_______________________________ X________________________________________

Printed Name(s) of Debtor(s) Signature of Debtor Date

Case No. (if known) ____________________ X________________________________________

Signature of Joint Debtor (if any) Date

B 201 (04/09/06) Page 2

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



DAVID W. GARRETT AND ASSOCIATES. P.C.’s PRIVACY POLICY Many Attorneys, like all providers of personal financial services, are now required by law to inform their client of their policies regarding privacy of client information. Attorneys have been and continue to be bound by professional standards of confidentiality that are even more stringent than those required by law. Therefore, we have always protected your right to privacy. Types of Nonpublic Personal Information We Collect: We collect nonpublic personal information about you that is provided to us by you or obtained by us with your authorization. Parties to Whom We Disclose Information: For current and former clients, we do not disclose any nonpublic personal information obtained in the course of our practice except as required or permitted by law. Permitted disclosures include, for instance, providing information to our employees, and in limited situations, to unrelated third parties who need. to know that information to assist us in providing services to you. In all such situations, we stress the confidential nature of information being shared. Protecting the Confidentiality and Security of Current and Former Clients’ Information: We retain records relating to professional services that we provide so we are better able to assist you with your professional needs and, in some cases, to comply with professional guidelines. In order to guard your nonpublic personal information, we maintain physical, electronic, and procedural safeguards that comply with our professional standards. Please call if you have any questions, because your privacy, our professional ethics, and the ability to provide you with valuable financial services are very important to us. DAVID W. GARRETT AND ASSOCIATES, P.C. David W. Garrett

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



MRPC Informed Consent Notice Dear Visitor(s) Thank you for visiting Garrett Law Offices. You have sought counsel from me for the following matter. Bankruptcy and Debt Relief Agency Services I wanted to confirm to you in writing my “oral informed consent” that you have not hired me to represent you as your attorney. In addition, I have not provided you with any specific advice but only discussed the law which may apply to you, if at all, in a general way. We nevertheless discussed certain legal and practical deadlines you may face and certain legal remedies you may pursue. Moreover, we reviewed the material advantages and disadvantages of your proposed course of conduct and your options and alternatives. Furthermore, you have been afforded a reasonable opportunity to consider the risks and alternatives and to raise questions and concerns. You are; of course, welcome to seek the advice of other counsel. Should you change your mind please schedule another appointment. This notice was provided to you at our consultation today.

David Garrett (800) 747-6655 Attorney at Law/Debt Relief Agency

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



Debt Relief Agency Services Agreement

Client(s)______(Sample)________________________________________________

Address _____________________________________________________________

City, County, State _____________________________________ZIP_____________

Phones ______________________________________________________________

E-mail _______________________________

The term “client” as used herein means “client” or “clients” and also “assisted person” or “assisted persons” as defined in the Bankruptcy Reform Act of 2005. The term “attorney” means “Debt Relief Agency” as also defined under the Act. Client promises to cooperate with attorney in the preparation of client’s case as set forth below. Cooperation includes truthfully and promptly completing any questionnaires, worksheets, or on-line data entry programs offered to client by attorney. Such cooperation also includes obtaining, making copies, and promptly delivering to attorney any documents, appraisals, title examinations, or photographs requested by Attorney. Cooperation also includes maintaining your financial “status quo”. In other words, don’t refinance, acquire new debt, or transfer assets. Finally, cooperation means complying with any other relevant requests made by attorney, the bankruptcy trustee, court, or other authority during Client’s case. Client further accepts responsibility to determine and timely notify attorney verbally and in writing of any foreclosure sale date and to verify completion of the filing process prior thereto in the event a Chapter 13 case is to be filed in an effort to stop the foreclosure. Failure to so cooperate as set forth herein is a material violation of this agreement and may result in a suspension or termination of attorney’s representation. Client is further willing to waive the attorney/client privilege in the unlikely event Attorney is called upon to explain any potentially untrue representations client may make in the course of client’s case to a trustee, the court, or other authority. Client acknowledges billing is hourly and the estimates provided herein are not to be considered a “cap” or fixed price as each case may vary. To expedite fulfilling client’s request for relief and the immediate benefit of attorney’s strategic judgment and experience, attorney has or will set aside sufficient blocks of time on attorney’s next available case preparation days for work on client’s case and refuse additional clients which might demand such time. Therefore, client agrees any payment made to attorney is non-refundable. Attorney may decline or terminate representation at any time in the event complicating factors arise including business related issues, preferential transfers, undisclosed income or assets, fraud issues, etc. (Attorney may in his sole discretion refund up to 50% of any amounts paid, however.) Legal services are provided on an hourly basis. The office rate is the maximum allowed for this type of case but not more than $200 per hour and may be adjusted periodically. In addition, client will be responsible for any out-of-pocket costs Attorney may incur on behalf of client such as copying costs, travel expenses, filing costs, costs with third party vendors, and the like. Client acknowledges that fees for bankruptcy services may not be borrowed. Any amount tendered which is obtained from a third party must be accompanied by a signed letter indicating the funds are a gift to client without obligation of repayment. Otherwise, the funds are assumed to have been earned or received as a benefit by client.

Representation for appeals, bankruptcy Adversary Proceedings, bankruptcy conversions, any contested bankruptcy issues, for matters beyond the scope of a routine bankruptcy, and for matters contemplated after the filing of the bankruptcy under Lamie v US Trustee, S.Ct. 1023 (2004) will require an additional retainer and fee agreement be signed. In Chapter 13 cases the agreed upon fee for all pre-confirmation services is $3000.00 unless attorney provides an itemized statement for more or less to the bankruptcy court for approval. Client authorizes trustee to release from escrow unpaid attorney’s fees in unconfirmed cases. In Chapter 7 cases the agreed upon retainer, unless otherwise agreed in writing, is $1675.00 exclusive of filing fees and costs. Representation does not include adversary proceedings and post-closure work. The retainer client paid initially for a Chapter 7 case covers all of the bankruptcy work up through filing plus the first "341" meeting with the trustee. Clients may also schedule one free consultation to ask follow-up questions after the "341" meeting. Missed or rescheduled 341 meetings, post-filing amendments to your petition, trustee requests for further documentation, assistance with reaffirmations, and the like are additional at the rate of $200/hr plus court fees, if any.

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



Invoices and Statements showing the accrued payments and the balance owing will be sent to client periodically. Balances are due and payable on receipt. Payments are applied first to attorney’s actual and anticipated attorney’s fees and then to costs such as filing fees. After three months client(s) will be automatically invoiced for an additional $450 for bankruptcy filing factor re-evaluation charges. Client acknowledges failure to timely pay as provided herein is a breach of this agreement and may result in the termination of services. Client’s failure within six months to pursue bankruptcy relief and file such case with the court for any reason will indicate client sought consultation only and enable attorney to close client’s file retaining all sums paid to date. The case may be reinstated in attorney’s sole discretion. Attorney will pursue the chapter of relief requested by Client(s), whether Chapter 7 or 13. However, no assurance of preference is made until the court approves eligibility. Client acknowledges there are risks and unforeseen consequences in filing for bankruptcy relief as there is in any litigation. For example, not all debt thought dischargeable and not all property thought exempt may be as hoped due to a question of valuation or the changing state of the law. In other words, Attorney cannot guarantee the outcome. At the conclusion of client’s litigation, client is entitled at client’s expense and upon written request to copies of client’s file except for attorney’s notes and unpaid work-product. If client leaves all or part of the file in attorney’s possession the attorney has authority to destroy client’s file two years after the case is completed. By signing this agreement client agrees with this file retention policy. Client acknowledges that client has received a copy of this agreement together with the "supplemental statement" in the initial disclosure package and read and agreed to its terms. Client further acknowledges client has the right to seek independent counsel for advice prior to signing this agreement or any part thereof. Debtor(s) represent they have not received a Chapter 13 discharge in the last 6 years or a Chapter 7 discharge in the last 8 years.

Chapter 13

Normal $100 at sign up, $895 before filing (within 3 months). Balance of fee in plan.

Expedited

$695 within one month of first visit along with completed worksheets. Balance in plan.

RUSH

$495 today or postmarked to Muskegon office within 48 hours along with completed worksheets, paystubs and bank statements. Balance in plan.

Chapter 7

Normal $200 to start, plus $1,695 (within 6 months), add $300 thereafter.

Expedited

$1,795 within one month of first visit.

RUSH

$1,595 today or postmarked to Muskegon office

within 48 hours of first visit along with

completed worksheets, paystubs, and bank

statements.

________________________________ _______________________________ Client signature Client Signature ________________________________________________ Attorney/Debt Relief Agency

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



ATTORNEY-CLIENT AGREEMENT SUPPLEMENTAL STATEMENT PURSUANT TO RULE 2016(b)

1. The undersigned client or clients (debtor or debtors) and attorneys agree and disclose that for legal

services client agrees to pay a minimum attorney fee as disclosed in the signed statement filed with the court which is a minimum fee, nonrefundable and not cancelable, plus filing fee, plus additional amounts as billed for services rendered at $200 per hour of attorney's time, plus costs. Time and expenses are computed from the beginning of first contact with attorney's office.

2. Legal services include: analysis of financial situation, advice and assistance to client in determining whether to file a petition under Title 11 United States Code; review of documents delivered to attorney by client, preparation of Bankruptcy Petition, Schedules, Statement of Affairs and all other accompanying documents, and appearance at one Section 341 Hearing (Meeting of Creditors). A staff attorney of the law firm or an independent contracting attorney experienced in bankruptcy law not associated with the law firm may appear at the Meeting of Creditors in the event of scheduling difficulties or extensive travel.

3. For additional services beyond paragraph 2, and for services exceeding those which have been paid for at the hourly rates, above, client agrees to pay $200 per hour of attorney time, plus costs, in addition to the minimum fee that has been paid. Additional services to be paid for by client include, but are not limited to, motions, hearings, consultations, document scanning, copying, document review, production or preparation, amendments, additions to schedules, additional pleadings, correspondence, reaffirmations, redemptions, examinations under oath, contested matters including court appearances, filing responses or objections, negotiations with the trustee or other party, and all legal services beyond those specified in paragraph 2. Attorney does not agree to appear in adversary proceedings, examinations or motions without additional fees paid by client.

4. Costs are to be reimbursed to attorneys and paid by client in addition to attorney fees including filing fees to the court, storage, copy and scanning costs, long distance phone calls, mail, fax charges, mileage, and all other out of pocket expenses incurred by attorney.

5. No portion of attorney's fees and costs that are paid or agreed to be paid will be cancelled or refunded. All fees and costs paid or agreed to by client are for fully earned compensation to attorneys for services rendered and for the responsibility of undertaking representation of and availability to the client. Client understands that attorney's acceptance of undertaking representation of the client means that significant resources of the law firm will be committed to the case and that other work the attorneys would do will be set aside, delayed or turned down. All money paid or agreed to be paid by client is fully earned by the attorneys and no money is refunded nor may client cancel the agreement regarding payment of attorney fees and costs.

6. Client agrees attorney may destroy client's file after 4 years. Attorney may, but need not, obtain a credit report and include the debt information from the credit report on the schedules. Client is responsible to monitor creditor claims that may be filed with the court or trustee in this case.

7. The source of payments made and agreed to be paid in the future was and will be from earnings, wages and compensation for services performed, or property.

8. The undersigned has not shared or agreed to share with any other entity other than members of undersigned's law firm any compensation paid or to be paid except in the event a substitute attorney should attend the 341 meeting.

9. The undersigned client may (but need not) retain the attorney or a different firm or attorney for assistance in matters other than those services that have been paid for and agreed to in this agreement. a. Client may retain services of specialists in other areas of legal expertise such as tax, divorce,

contracts, property, debt collection, credit reporting, mortgages and finance, business, property appraisers, certified public accountants or other experts. Client understands that expertise in other areas such as these are not paid for or included in attorney's responsibilities.

b. Client understands that the schedules of assets require the client's honest statement of the value of all property and assets owned by the client. Attorney has no special expertise, other than as a bankruptcy lawyer, as to how to arrive at the correct current value of property and assets. Client may hire the

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



services of an appraiser if the client is unsure of value or if the client has insufficient knowledge of the value of client's assets or property.

c. Client understands that research may be done into the status of any tax debts and tax consequences of filing bankruptcy, that without the time and expense of such research, the right to cancel or discharge certain tax debt may be lost or affected adversely by the timing of filing the bankruptcy case. Client may retain the services of a tax specialist, a business specialist, a certified public accountant, or other specialist to advise the client as to the tax consequences of bankruptcy at this time or the timing of filing bankruptcy as it relates to taxes. Client elects to proceed to file bankruptcy immediately even though tax debts may not be discharged or cancelled by filing bankruptcy at this time.

d. In the event a joint petition is filed by husband and wife, clients agree that there is no conflict of interest for this law firm to represent both clients at this time for the matters involved. Both clients agree that representing both at the same time will not adversely affect the relationship of the attorney with either client and that the clients' interests are not conflicting such as to adversely affect the individual interests in this case. Each client understands that he or she may consult with his or her own attorney (not in this law firm) regarding any matter that may involve a conflict between the clients, and each should do so if any interests of the clients are in conflict. In the event the law firm withdraws from or terminates representation due to conflict of interest between the clients, there will be no refund or reduction of attorney fees and costs.

e. In the event the client has not been a resident of Michigan for more than 2 years, the client is advised to retain the services of a qualified bankruptcy attorney who has knowledge of the exemption law of the state where the client resided prior to 2 years before the filing of this case. Attorneys are not qualified or knowledgeable nor are they licensed to practice in or concerning other state laws and rules for exempt property. Bankruptcy law only allows a debtor to keep exempt assets, and such exemptions are determined by the law where the debtor resided prior to 2 years before the petition is filed. The attorney fee paid for this case does not include the cost of retaining or consulting with any other lawyer or firm from this or any other state.

10. Additional services for which client has not yet paid attorney may also include assistance with reaffirmation agreements (chapter 7) on debts client wishes to continue paying, preparation and filing of amendments to schedules, appearing at court hearings, examinations under oath, representing the client in adversary proceedings, motions or conversions. Paragraphs 11-14 apply to cases under Chapter 7 only.

11. (Chapter 7) Client anticipates that payment may be made to attorney if client wishes to reaffirm debts: $200 per reaffirmation agreement.

12. (Chapter 7) Client understands that a reaffirmation agreement is a legally binding contract to continue paying on such a debt and, upon default, client may lose the collateral for the loan and be subject to suit and other remedies allowed by law. Client also understands that reaffirmation agreements should not be signed if there is any possibility of a hardship on the client or anyone dependent on the client. It is further understood that once signed, the agreement must be promptly filed with the Court. Typically the reaffirmation will be signed by the Client and Attorney and forwarded to the creditor for signing and filing with the Court. Client understands that a motion for court approval of the reaffirmation agreement may be filed and brought before the Bankruptcy Judge for a decision without the necessity of counsel. It is the client's duty to reaffirm the debt, if the client so chooses, within 30 days after the first date set for the meeting of creditors. Attorney may refuse to sign the reaffirmation agreement in which case it would be necessary for the judge to approve the agreement in order for it to be valid. If the circumstances are such that the debtor may not afford the payments required under the proposed reaffirmation agreement, the attorney may not sign the agreement and the judge may not likely approve it.

13. (Chapter 7) Signing a reaffirmation agreement is voluntary and not required, but once signed it is a legally binding contract. It may be revoked in writing within 60 days or up to the time of Discharge in Bankruptcy, whichever is later by writing a letter of revocation to the Court and to the creditor.

14. (Chapter 7) It is an option of the client to redeem collateral subject to a secured loan, such as a car loan, by paying the creditor the retail replacement value of the collateral. Replacement value is defined under

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



11 USC 506 as the price a retail merchant would charge for property of that kind considering its age and condition. For any such redemption procedure, client agrees to pay an additional attorney fee of $750 per redemption which is hereby disclosed in this proceeding. Different rules apply to cases converted to chapter 7 from 13.

15. Mortgages and liens on property are the typical kinds of debts which are to be paid by client so that the client can retain possession and ownership of a home, vehicle, or other type of property. In order for such property to be retained by the client, the mortgage or lien must be valid in bankruptcy and the fair market value of the property must not exceed what has been stated by the client in the schedules of assets. In order for a mortgage to be valid in bankruptcy, the mortgage must be recorded in the county register of deeds within 30 days of the execution of the mortgage or more than 90 days prior to filing bankruptcy. If the mortgage is not so properly recorded, or if the legal description is wrong, or if the signatures are not proper, or if there are other defects, the mortgage may be invalid and the property may be subject to sale by the court. Attorneys do not guarantee the validity of mortgages nor do they proof read real estate or mortgage documents. Liens on vehicles and mobile homes must be noted on title certificates. If not so noted a lien on a vehicle or mobile home may be declared invalid and the property sold by the bankruptcy court. It is therefore urged that the client review the recorded mortgages and title certificates on vehicles or mobile homes prior to filing to be sure that mortgages are correct and liens are valid and properly recorded. If the mortgages or liens were not correctly done, client understands that the liens may fail in bankruptcy court and the property or asset may be sold. Client assumes the risk that a lien may be declared invalid and that property or assets of the client may be sold by the bankruptcy court to pay client's debts.

16. It is the client's responsibility to supply all necessary information prior to filing the case. In the event that additional debts are added later or if any amendment to schedules is necessary, it is disclosed and client agrees to pay $200 per amendment as an additional attorney fee plus any applicable filing fees, mailing, copy and other expenses. The undersigned client states that all information supplied on the schedules of assets, debts, income and expenses is true and correct. Client understands that failure to disclose all information requested in the Schedules and Statement of Affairs may result in criminal and/or civil penalties. Client therefore agrees to review all documents at signing and to again review them before attending the First Meeting of Creditors which client will attend. Client agrees to update or amend all documents as needed to ensure completeness and correctness of all documents.

17. Client understands that certain debts may not be discharged (cancelled) by the bankruptcy and that assets of client may be sold by the court to pay debts. Assets also are taken if they are not disclosed or if the true values are not accurately stated on the Schedules. Client understands that most taxes, student and educational loans, criminal fines, debts incurred by fraud, intentional misconduct or wrongful acts, obligations to a condominium or homeowners association, money borrowed to pay taxes, and obligations under a divorce or support decree may not be discharged (cancelled) by filing bankruptcy. Usage of credit within 90 days prior to filing bankruptcy may give rise to a presumption of fraud. Property of the debtor remains subject to obligations owed for support, alimony and domestic obligations. Client also is advised that even though a debt may be discharged in bankruptcy, the client's bank or credit union deposits might be frozen or taken by that bank or credit union if it is owed money.

18. CLIENT AGREES AND IS ADVISED OF THE FOLLOWING: ALL INFORMATION PROVIDED BY CLIENT WITH A BANKRUPTCY PETITION MUST 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. REPLACEMENT VALUE OF EACH ASSET DEFINED IN TITLE 11 UNITED STATES CODE SECTION 506 MUST BE STATED IN THOSE DOCUMENTS WHERE REQUESTED AFTER REASONABLE INQUIRY TO ESTABLISH SUCH VALUE. CURRENT MONTHLY INCOME, THE AMOUNTS SPECIFIED IN 11 U.S.C. 707(b)(2), AND IN A CASE UNDER CHAPTER 13 OF THIS TITLE, DISPOSABLE INCOME (DETERMINED IN ACCORDANCE WITH 11 U.S.C. 707(b)(2)) ARE REQUIRED TO BE STATED AFTER REASONABLE INQUIRY. INFORMATION PROVIDED DURING THE CASE MAY BE AUDITED AND FAILURE TO

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



PROVIDE SUCH INFORMATION MAY RESULT IN DISMISSAL OF THE CASE OR OTHER SANCTION INCLUDING A CRIMINAL SANCTION. CREDIT COUNSELING SERVICES ARE AVAILABLE WHICH PROVIDE ASSISTANCE TO DEBTORS WITHOUT FILING FOR BANKRUPTCY BY PROPOSING DEBT MANAGEMENT PLANS, WHICH USUALLY ATTEMPT TO REDUCE INTEREST RATES, WAIVE LATE FEES AND OTHERWISE ASSIST THOSE WITH DEBT TROUBLE. THE CLIENT HAS DECIDED THAT BANKRUPTCY IS NEEDED IN THIS CASE AND THAT A DEBT MANAGEMENT PLAN IS NOT FEASIBLE. A PERSON WHO KNOWINGLY OR FRAUDULENTLY CONCEALS ASSETS OR MAKES A FALSE OATH OR STATEMENT UNDER PENALTY OF PERJURY IN CONNECTION WITH A CASE UNDER TITLE 11 (THE BANKRUPTCY CODE) SHALL BE SUBJECT TO A FINE OR IMPRISONMENT DR BOTH. ALL INFORMATION SUPPLIED BY A DEBTOR IN CONNECTION WITH A CASE UNDER TITLE 11 IS SUBJECT TO EXAMINATION BY THE ATTORNEY GENERAL. CLIENT HAS NEVER BEEN ADVISED BY ATTORNEY TO INCUR DEBTS OR DISPOSE OF ASSETS.

19. Client acknowledges receipt of: "IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER" and ''NOTICE TO INDIVIDUAL CONSUMER DEBTOR UNDER §342(b) OF THE BANKRUPTCY CODE."

20. Client understands that certain documents must be produced for filing with the court or trustee's office and that failure to produce all required documents will result in dismissal of the case or other sanction. In the event the client has not produced these documents at the time of signing the petition, client agrees to obtain and produce such documents within 3 business days. Client understands that such documents must be produced and it is agreed that it is the CLIENT'S RESPONSIBILITY TO PRODUCE ALL THE REQUIRED DOCUMENTS so that the case may proceed under the appropriate chapter of the Bankruptcy Code. Client understands that the following documents must be produced by an individual debtor under the Bankruptcy Code, in other words, by the undersigned client:

a. GOVERNMENT ISSUED PICTURE IDENTIFICATION and SOCIAL SECURITY CARD b. WAGE STUBS for last two months of pay periods, including all payment advices (like pay stubs) or other

evidence of payment received within the past 60 days from all employers as well as records of any bonuses, commissions, or special payments received in the last 6 months, and all sources of income (taxable or not) need to be included when calculating average income for the past 6 months.

c. INCOME TAX RETURNS 8z W2 FORMS: previous 4 years (chapter 13) last tiled return (all cases) d. A CERTIFICATE from an approved nonprofit CREDIT COUNSELING AGENCY that has provided the

client a briefing or other services and a copy of the debt repayment plan, if any, developed by such agency. In addition, client must undergo debt and financial counseling with an approved agency prior to case closing and provide proof of completion of the approved course in order to obtain a discharge of debts.

e. ALL CREDITORS' NAME, ADDRESS, ACCOUNT NUMBER, and AMOUNT OWING. Client authorizes attorney to run a credit report and add any additional creditors found to the schedules.

f. CREDITOR ADDRESSES and ACCOUNT NUMBERS: Client must furnish all addresses and account numbers that are supplied by creditors in written communications to the client in the past 90 days where the creditor gives an address and account number for correspondence.

g. All other documents requested by the Trustee. Debtor has received a list of documents typically requested by trustees (in addition to the above documents) and which must be furnished by the client and forwarded to the trustee prior to the meeting of creditors.

21.Client is advised of the following additional duties of a debtor filing bankruptcy: a. To provide the trustee a copy or transcript of the last filed federal tax return and to provide a copy to any

creditor requesting same, not later than 7 days before the first date set for the meeting of creditors. b. If requested by the court, U.S. trustee, or any other party in interest, to file with the Bankruptcy Court a

copy of the last Federal income tax return or a tax transcript, and all returns filed while the case is pending and any amendments for such returns, and to file such information with the Court at the same time as filed

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



with the taxing authority. Any documents filed with the court should not have a full social security number, birth date or name of any minor child (this private information should be redacted or stricken out).

c. In the event that there is a mortgage foreclosure sale of client's property, client agrees to attend the sale and communicate the fact of the bankruptcy filing to ensure that other persons attending have notice of client's bankruptcy so that any potential buyer or bidder on the property has notice or knowledge of client's bankruptcy (in the event client wishes to avoid the foreclosure and keep the property).

d. To remain current on the obligation to pay support, alimony or other obligation of a divorce decree, support order or domestic support obligation and to certify that the debtor has remained current and has performed all domestic support obligations from start to completion of the case.

e. To preserve and insure all assets and not sell or dispose of any assets without court permission. 22.Client agrees that there are inherent risks in filing for bankruptcy, including the fact that property may be

liquidated (sold) by the court to pay debts in some cases. Client also understands that a new bankruptcy law is subject to different interpretations and that there are inherent risks in how the judges and courts will apply various provisions. Examples may include how to compute or calculate income, how and when to liquidate assets or property, what exemptions apply to protect the client's property, whether property may be sold or liquidated to satisfy domestic support obligations, whether the debtor qualifies for chapter .7 or chapter 13, to what extent another state's exemption law may apply to determine what property the client can keep, how payments to creditors or to chapter 13 trustees are determined, how long a case will be pending, how the client's good faith will be judged in filing a case, and how and to what extent the client's finances will be subject to audit and examination in detail.

23. Attorney agrees to assist and advise the client in case preparation, but the information in all schedules and Statement of Affairs has been supplied by the client, and has not been supplied by the attorney, except that attorney may run a credit report and add creditors not furnished by client.

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



ADDITIONAL NOTICES TO CLIENT 1. Debtor agrees that attorney may comply with §521(e) and provide copies of the

debtor’s tax returns to the trustee, court, and any creditors who may request it.

2. Under the 180-day rule, any property which you obtain in the next 180-days will

have to be disclosed to the Trustee. This property, inheritance, or benefit may be

subject to disbursement to your creditors.

3. Debtor must provide any updated addresses for any creditors debtor learns about

up until discharge.

4. Debtor must verify a Reaffirmation Agreement for any secured property has been

fully signed, executed, and delivered to the creditor not later than 45 days after the

341 meeting with the Trustee. Otherwise, such property may become forfeited.

5. Debtor will timely file any tax returns required during the pendency of debtor’s case

and send copies directly to the trustee.

6. Debtor will maintain child support payments during the pendency of the case.

7. Debtor must continue to retain pay stubs, pay advances, or other evidence of

income after filing to provide to the Trustee upon request. 8. Marital debt and property settlements are not generally dischargeable in bankruptcy if

referred to in the Judgment of Divorce. 9. For Chapter 13 clients, it is your responsibility to review the provision of your Plan

periodically and to schedule an appointment when an event occurs which requires you to increase or decrease your Plan payment. (Such as payoff of a 401k loan.)

10. Debtor(s) must maintain their financial “status quo” while their case is being

prepared. This includes not refinancing or obtaining new debts, transferring assets, or paying off loans. Please consult with attorney should you feel the need to change your status.

11. Ongoing Requirement for Chapter 13 Cases: Pursuant to 11 U.S.C. §521(f)(4)(B)

annually after the plan is confirmed and until it is closed within 45 days prior to the anniversary of the confirmation date you must provide the Trustee's office with copies of your most recent filed tax

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



ADDITIONAL NOTICES TO CLIENT (Continued) returns, an Amended Schedule I & J, and a statement that shows how income,

expenditures and monthly income are calculated. 11 U.S.C. §521(f)(4) states as follows:

…a statement under penalty of perjury, of the income and expenditures of the debtor during the tax year of the debtor most recently concluded before such statement is filed under this paragraph, and of the monthly income of the debtor, that shows how income, expenditures, and monthly income are calculated.

11 U.S.C. §521(g)(1) states: A statement referred to in subsection (f)(4) shall disclosed- (A) the amount and sources of the income of the debtor

(B) the identity of any person responsible with the debtor for the support of any dependent of the debtor; and

(C) the identity of any person who contributed, and the amount contributed, to the household in which the debtor resides.

Failure to comply with this request may result in the filing of a Motion to Dismiss.

You can fulfill this requirement by mailing your tax returns, 2 recent paystubs, 2 recent bank statements, and an updated budget directly to the trustee's offices at least annually. Copy your Schedule I & J from your petition, mark any changes on it, and mail that as well. You are welcome to call and schedule an appointment if you have questions.

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



NOTICE CONERNING RETAINING/SURRENDERING SECURED PROPERTY AND GOVERNMENT OR BANK PROGRAMS

In bankruptcy, debtors are generally given the option of retaining property that is financed or letting it go. Examples are homes and vehicles. You, not your attorney, must make this choice. The decision is generally an economic or “business” decision not a legal one. Consequently, it is your responsibility to decide whether to “shed” a debt for collateral you are financing or risk trying a government or bank sponsored “program” in order to keep it. Many such programs were introduced by our government in the last few years. The attorney will not investigate these programs for you. You must investigate them yourself and decide. There are many unknowns. Bankruptcy is voluntary and the choices you make are your own. There are time frames within which these choices must be made. Please review the information provided to you carefully. We will work with you as you consider your options and do our best to help you reach your goals.

NOTICE CONCERNING CONTACT

WITH YOUR ATTORNEY

Garrett Law Offices will work with you as you take the initiative. It is your responsibility to call our office and set your next appointment when you are ready. We won’t “pester” you. Also, we prefer to answer your questions in person rather than by phone.

IF YOU DO A CHAPTER 13 PLAN

Your budget will likely determine if you do a Chapter 13. Based on the information you provide we will then prepare a "Chapter 13" plan to propose to your trustee and the court. It is several pages long and contains the provisions which will govern the repayment of certain creditors. It is only a proposal. Very often, your trustee will want changes, some of which you may not like. Keep in mind your trustee, in turn, after he or she has reviewed your plan, must make a "recommendation" to the judge whether your plan should be "confirmed" (or approved). The trustee's objective is to recover as much of your income each month as possible for your creditors; what is called "disposable" income. You may be asked to "tighten your belt". Always have the "big picture" in mind. You have a lot of debt you are trying to discharge. You must expect at least some hardship as you go through the process to obtain your goal.

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



PREFERENTIAL TRANSFERS

You must disclose in your petition any transfers of property you have made to insiders. “Insiders” are loosely defined as family, friends, or businesses in which you have an interest. “Transfers” include sales, gifts, or any other change in ownership to your property. It also includes removing a name from a title such as taking you name off your parents’ real estate deed. Even giving someone temporary possession of property might be construed as a transfer. Many people anticipating bankruptcy instinctly think they must get their name off the property or they might lose it. This is not necessarily true. Selling your “Harley” to a friend for half its value a month before filing looks far worse than using the bankruptcy exemptions to protect some or all of its value. The trustee can, in certain circumstances, look back 6 years or even 10 years for “insider” transactions. Play it safe and disclose on your petition any transaction you think may qualify. Disclosing it may or may not create a problem for the transferee. Not disclosing it will certainly create a problem for you, however. Federal law provides criminal penalties for bankruptcy fraud. The trustee has the power to ask the court to “undo” the transaction and recover the transferred property or interest. Often, however, a settlement can be negotiated. There are certain risks to filing bankruptcy. Try to keep the big picture in mind. Your goal is to discharge your debt and get a fresh start.

ADVICE ON MOTIONS FOR RELIEF FROM “STAY”

Motions for Relief from Stay (sometimes called Motions to Lift Stay) are very common in bankruptcy. A “motion” is a request to the court that a participant in a bankruptcy such as a creditor might make. The “stay” is the order the judge signed to protect you from your creditors when you filed your case. If a creditor requests the court for relief from the stay it means the creditor wants the judge to remove the block which prevents it from dealing directly with you. The “stay” also prevents the creditor from taking action such as a repossession or foreclosure. You will generally be mailed a copy of a motion by the creditor when it is filed against you. Please read it carefully. If you disagree with the “relief” which is being sought it is your responsibility to set up an appointment immediately with my office to discuss a response. However, you must be prepared to provide a basis for asking the court to deny the motion. Perhaps your lender mistakenly believes you don’t have insurance on your car. Obtain proof of insurance so you can defend against the motion. On the other hand, if you have missed a payment on your vehicle or home your lender may want to repossess or foreclose. It needs the stay lifted to do so. Consequently, you must show evidence you have made up the payment to the satisfaction of the creditor. Many times, however, the creditor simply wants to be able to talk to you without the “stay” in the way. It may therefore be to your advantage to permit the stay to be lifted. Carefully review the motion sent to you. Then, call to set an appointment if you believe it is necessary. Otherwise, my office will simply assume you have no reason to contest it.

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



OBLIGATION TO DISCLOSE ALL CREDITORS Debtors are obligated to fully disclose all of the creditors including correct addresses on their petition. We will download a credit report for you but you must check if for accuracy and supplement it with the names and addresses of anyone missing including family members, rent-to-own creditors, taxes, student loans, and leasing companies. Check all of your schedules completely prior to signing your petition for accuracy and completeness.

BAD FAITH

Even if you "pass" the "means" test your case may still be challenged for discharge because of "bad faith". The bankruptcy code provides the court may look at the "totality of the circumstances". An example would be where your income average for the last 6-months put you below the means test threshold but you have recently had overtime or gotten a raise. The trustee may argue you have the capacity to repay at least a portion of the debt. In addition, the trustee may challenge certain expenses as excessive or unsupported. Consequently, you could be denied or be asked to switch chapters. Please be realistic about your filing. Provide accurate numbers and be prepared to stand behind them. In the event you are challenged we can discuss your options.

PENDING LAWSUITS AND GARNISHMENTS

Keep in mind my office cannot get you the relief you are seeking from your creditors until your case is actually filed with the court. Once filed the court gives you a case number and written order called a “stay” which stops all collections activity. Until then you must manage any pending cases against you or garnishments you are suffering on your own. My office does not represent you in these court cases. Your best bet is to move as quickly as you can to get your case filed.

REQUIRED DOCUMENTS AND TIMELINESS

It is your responsibility to make sure you have provided all of the required documents on the provided list. You must allow then my office time to process these documents. Bringing documents in at the last minute or incomplete documents may delay your filing. Try to have all documents in at least two weeks before filing.

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



VERIFICATION OF DOCUMENTS

The documents you are asked to provide to the trustee will be assembled by Garrett Law Office into a package. You will eventually be asked to certify you have provided all the required documents in the package. These documents are intended to "verify" the information you provide to the trustee in your bankruptcy petition. They are not the initial source relied on in drafting your petition, however. Instead, your petition is prepared from the answers you provide in the questionnaires you are given and in your interviews. Because some of the documents may be provided at the last minute or even after your case if filed you should not assume the information will automatically find its way onto the petition. This means it is your responsibility to make sure your petition is correct and complete regardless of the documentation.

TITLE, DEED AND RECORDING DEFECTS

Please be advised the trustee may take your home or vehicle from you if there are any defects in the paperwork connected with the items you are financing. For example, if your mortgage wasn't properly recorded or the deed description is wrong. You may wish to have someone who specializes in such documentation such as a real estate attorney or broker look at the paperwork which was prepared when you purchased your home or vehicle. Though I will review your paperwork, I am not a real estate or vehicle law attorney. I will assume you do not wish to hire an expert if you do not do so before you sign the final bankruptcy paperwork.

BUDGET ACCURACY

In addition to your "means test", you must also submit a budget showing your actual income and expenses. You may have discussed your budget with GreenPath or your credit briefing company. It may serve as a guide to get you started. Your income is disclosed on Schedule I and your expenses on Schedule J. Your budget should reflect your financial situation at the time of filing. So, if you have surrendered a vehicle, for example, this expense will not appear. Be very careful to disclose all income. Be very careful to account for every dollar spent. We cannot supply these numbers for you nor can I "coach" you. They are your disclosures not mine. Be prepared to support every expense you identified with documentation. If you do not see a "line item" for an expense you have you can write it in. However, please be advised you may be challenged if you write in expenses for cigarettes, pet supplies, savings accounts, or miscellaneous. Make copies of the receipts or documents which support each expense and keep them in a separate folder or envelope to produce for the trustee at the "341" meeting.

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



EXPLANATION OF CHAPTER 13 ATTORNEY FEES

Since a Chapter 13 bankruptcy typically runs 3-5 years the court rules permit a portion of your attorney fees to be paid “through the plan”. That means you do not have to pay the entire fee “up front”, as you do in a Chapter 7. In addition, the court must approve the attorney’s fees you incur as your case progresses. Attorney fees are billed currently at $200/hour and reported in tenths of an hour. Therefore, I keep track of the services I provide to you throughout your 3 to 5 year plan and periodically submit bills to the trustee and to the court for payment. You will be sent a copy of the invoice. Your creditors also receive a copy. Both the trustee and the court review the invoices for appropriateness and accuracy. Billing charges are typically incurred, for example, for document preparation, phone calls, letters, e-mails, conferences, review of pleadings, etc. The amount you pay prior to filing is typically applied to your “filing” fees first and then towards your attorney fees. Any amount invoiced and approved over and above what is paid up front is then paid “through your plan.” In other words, I don’t come to you directly for payment. Interim attorney fees should not increase your plan payment and typically come out of the amount being paid to unsecured creditors. My office will send you copies. If you have questions feel free to call if you believe anything is incorrect. See LBR 9013-1 for the court rule on “Allowance of Compensation”.

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



LBR 9013-1: Allowance of Compensation and Reimbursement of Expenses For Professionals

(a) Court Approval Required - Professional persons employed by the bankruptcy estate or a

committee must be approved by the Court pursuant to 11 U.S.C. §§ 327, 332, 333, and 1103; and Fed. R.

Bankr. P. 2016.

(b) Fees Requested by Application; Burden of Proof – A professional must file an

application for fees and expenses under LBR 2016-2 before receiving any payment from the estate or

applying any retainer that is property of the estate. The applicant has the burden of proof.

(c) Contents of Application –

(1) General Requirements – Every fee application must state the case filing date, the current

chapter, and all dates of conversion. The application must also state the amount of any retainer paid,

the date of each previous application, the amount of compensation and expenses previously requested,

the date of each approval, and the total amount received to date.

The Court will not allow compensation for services that do not benefit the estate (e.g., fees

for reading another’s work product simply as a matter of interest, for services that mainly benefit the

debtor or the debtor’s principals, or for general research of law well known to practitioners in the area

of law involved). The Court will determine whether tasks have been performed within a reasonable

number of hours and whether the requested hourly rate is reasonable based on the customary rate

charged by experienced practitioners. The reasonableness of the work done and the fee charged may

depend on the results attained. An attorney may be required to estimate the probability of success,

the amount to be realized, and the overall benefit to creditors with respect to each prospective matter

or proceeding.

(2) Itemization of Services Performed - An application for compensation must identify

each activity by date and the professional who performed the work. It must also include a

description of the work performed, its purpose, and the time expended.

(A) Detail Required – Except as protected by the attorney-client privilege: (i) time

entries for telephone calls must list the person with whom the applicant spoke and give a brief

description of the conversation; (ii) time entries for correspondence must state the addressee

and give a brief explanation of the contents; (iii) time entries involving documents must

specify the specific document; and (iv) time entries for legal research must describe the matter

for which the research was conducted and the research conducted. If abbreviations are used

in the application or if computer sheets are added to supplement the application, the

application must also include an appendix that explains the abbreviations or any code keys.

38

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



(B) Time Increments; No Rounding or “Lumping” Allowed - Each type of service

must be listed with a corresponding specific time allotted. The time listed must represent the

actual time expended to perform the activity and should be stated in tenths (.10) of an hour.

“Rounding up” of time is not permitted. Applicants may not circumvent minimum time

requirements or any detail requirement by “lumping” or “bunching” more than one activity

into a single entry.

(C) Multiple Professionals - The application must indicate the total hours charged

and give a summary of the hours and hourly rate charged by each professional. If more than

one professional has charged time for an activity such as intra-office conferences or joint court

appearances, the applicant must explain the need for each professional’s participation in the

activity.

(D) Reasonableness of Rates Charged - Rates must be commensurate with the level

of skill required for a particular task. Professional fees may not be charged for non-

professional services such as copying or delivering documents, preparing or filing proofs of

service, or for trustee duties generally performed without the assistance of an attorney or other

professional. When paralegals are utilized to perform legal services for an estate, they may be

compensated as paraprofessionals rather than treated as an overhead expense.

(E) Reimbursement for Application Fees – Fees for reasonable time spent by an

attorney in preparing and reviewing an application for compensation may also be included.

(3) Itemization of Expenses - An application for reimbursement of expenses must include a

description of each expense and its purpose together with the date it was paid. Requests for mileage

must include the date, destination, miles, per-mile rate, and the reason for the trip. In allowing

expenses, the Court will consider economy (e.g., coach airfare, moderately priced accommodations,

commercial duplication of large copy orders) and necessity (e.g., unnecessary use of overnight mail).

(d) Deferral of Fees – On the motion of a party in interest, the Court may order that the payment

of all or a portion of an allowed interim fee be withheld for a specified period of time. The Court may do so

with or without a hearing. However, if the order is without a hearing, the applicant may move to have the

order modified or rescinded.

(e) Fees in Chapter 13 Cases - For compensation in Chapter 13 cases, see LBR 2016-2(e)(1).

LBR 9015: Jury Trials

(a) Applicability of Certain Federal Rules of Civil Procedure – Fed. R. Civ. P. 38, 39, and

47-51 apply in this Court’s cases, except that a demand made under Fed. R. Civ. P.

39

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



Reaffirmation Agreement Handout

You may have items you are financing and wish to retain after your bankruptcy. Examples are homes and vehicles. For each of these you may wish to consider submitting a Reaffirmation Agreement to your creditors. Sometimes, the creditor will send a proposed Reaffirmation Agreement to my office and I will forward it to you. If you do not receive one by your “Meeting of Creditors” call your creditor or find it here:

http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/Bk%20Forms%20Dir%201209/B_027_1209f.pdf Reaffirmation Agreements are optional. However, under the new bankruptcy code you may risk losing your collateral if you do not properly complete and return one to your creditor in a timely way. Complete the section which calls for judicial approval. Send it to the creditor by Certified Mail. On the other hand, if you sign a Reaffirmation Agreement and later miss a payment or make a late payment you may lose the collateral to repossession and find yourself owing a deficiency which cannot be discharged. Therefore, sign Reaffirmation Agreements very carefully. My office does not recommend you sign a Reaffirmation Agreement unless you are absolutely certain you can afford to pay for the collateral far into the foreseeable future. Please be advised however, there is no guarantee you can keep your collateral unless a Reaffirmation Agreement has been timely signed and entered by the court. Also, some banks will not send your payment progress to credit reporting agencies unless you sign. I will endorse your Reaffirmation only if all of the following are true:

1) You have at least some “equity” in the asset.

2) The asset is necessary for basic living purposes or employment.

3) The asset is not for investment purposes.

4) The asset is not for recreational purposes.

5) The interest rate is reasonable.

6) You will have stable income far into the foreseeable future.

7) Your budget shows you can readily afford to make payments.

8) You have timely provided the information to complete the document.

9) You have read and verified the terms of the Reaffirmation are true (such as the interest rate and balance due).

10) You have properly executed the document.

11) You have paid the required fee.

12) You understand signing is permanent once finalized.

13) You have satisfied yourself there are no defects in the title or deed and you have an independent expert such as a

real estate attorney if you deemed it necessary.

Nothing prevents you, however, from submitting the Reaffirmation Agreement without my involvement. Carefully review and follow the “do-it-yourself” directions. Complete the section which calls for judicial approval. The cost of consulting with my office further on the topic of Reaffirmation and executing one are covered by your Fee Agreement and the 2016(b) Disclosure in your petition. If you wish to schedule a consultation please call my office. You can also prepare and submit the Reaffirmation Agreement on your own. You can have a Judge review your budget and tell you whether he will approve your Reaffirmation Agreement before it becomes binding. Just complete the portion of the Reaffirmation Agreement where it calls for court approval. David W. Garrett & Assoc. P.C. – July 2013

http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/Bk%20Forms%20Dir%201209/B_027_1209f.pdf

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



FAX TO 1-800-747-6655

Name

Certificate

Certificate(s) of Credit Counseling

Date From _________

to date of filing

Sending Now

Picture ID - Drivers License

Social Security No - SS card

FINANCIALS Most Recent Fed & State Tax Returns

Most Recent W-2's

60-days prior income Debtor

60-days prior income Spouse

60-days other Income:

60-days other Income:

REAL Mortgage(s) - Recorded Copy

PROPERTY Deed(s) - Recorded Copy

Mobile Home Title

Land Contract(s)

Current years SEV statement

Insurance Policy - Declarations pages

PERSONAL Vehicle Title(s)

PROPERTY Proof of Insurance(s) - Declarations pages

Lease(s)

IRA, 401K, & Retirement recent stmts

Bank Statements

90-days:

90-days:

90-days:

90-days:

MISC DOCS Support Order & Payee address & Phone

Friend Of Court Address & Case No

Judgment of Divorce (if in last 10 years)

Other:

Fax Cover Sheet

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



Your Document Package

The bankruptcy code requires all debtors to provide copies of certain documents to the bankruptcy trustee. IMPORTANT NOTICE OF REDACTION RESPONSIBILITY: All filers must redact:

(a) REDACTED FILINGS. Unless the court orders otherwise, in an electronic or paper filing made with the court that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual, other than the debtor, known to be and identified as a minor, or a financial-account number, a party or nonparty making the filing may include only:

(1) the last four digits of the social-security number and taxpayer-identification number; (2) the year of the individual's birth; (3) the minor's initials; and (4) the last four digits of the financial-account number.

This means that all documents you supply must have all but the last four digits of the social-security number, the year of birth, minor's initials and last four digits of all financial account numbers blocked off. Remember to block off names of minor children. We will review your package after you have completely assembled it. It is your responsibility to make sure all documents requested are in the package. We do not have access to your paystubs, bank statements, or tax returns. Only you do. Do not put any documents in the package which are not specifically required; for example, tax return cover sheets from H&R Block.

Do not provide your complete document package to us until you have completely paid for your case and are ready to file. If your document package is incomplete or inaccurate, you will be charged an additional amount for the delay. It is very important that you put all your effort into providing a perfect document package. You will irritate the trustee if you fail and what's more, you may risk your "discharge".

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



DOCUMENT PACKAGE _________________________________________________________

The following documents are required:

Identification

Driver’s License - copies of you and your filing spouse cards.

Social Security Card - copies of you and your filing spouse cards.

Tax Returns

Most Recent Tax Year filed Federal & State Tax Returns

Must include your W-2 copies, Federal 1040 forms with all Schedules, State 1040-MI

and City forms. Do not include worksheet pages, tax preparer coversheets, or

Declaration to file pages.

Must black out all but your last four digits of all Social Security numbers, minor

children(s) names, and bank account information listed on these forms.

If you do not have to file tax returns, you must write a letter stating the explanation for

not filing then sign and date it.

If you do not have copies you can contact the following for your returns:

State: Department of Treasury 1-800-829-1040 or 517-636-4486

Federal: IRS 1-800-908-9946 or 1-800-973-0424

Income - For you and your spouse (whether they are filing or not) - Listed on Means test &

Schedule I

Documents showing proof of all income for the sixty (60) days prior to your date of filing.

Any missing documents must be forwarded to my office no later than 15-days before your

hearing date.

For example: You are filed on July 30th. You will need to supply all paystubs or

printouts for May 31, 2012 to July 30, 2012.

Employer paystubs or printouts must show the gross income, deductions, and net pay

of each check. YTD summaries will not be sufficient. Make sure they are in sequential

order (example: Jan 1 to June 30) and are completely legible.

Income includes the following:

All employment & unemployment compensation

Current child support and alimony orders

Food Stamps, WIC etc.

Social Security or SS Disability statement/letter showing amounts

Pension & retirement statements

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



Insurance Disability or Workman's Comp statements/settlements

Business, Profession or Farm income

Rental Income, Interest, dividends and royalties

Hobby income

Babysitting income

Gambling income

Any other income of any kind ________________________ (explain)

Real Property - Listed on Schedule A & Schedule D (Creditors Holding Secured Claims)

For the recorded documents needed below go to the Register of Deeds office where it was

recorded to obtain the recorded copies.

All Recorded Mortgages (First, Second, etc.) with Register of Deeds Stamp.

Need the first three pages, signature page and legal description of all recorded

mortgages listed with the Register of Deeds recoding with the County, Liber & Page

Number.

All Recorded Deeds for all parcels of real estate with Register of Deeds Stamp

Need all pages of the Deeds with the Register of Deeds recoding with the County, Liber

& Page Number.

All Recorded Memorandums of Land Contract and Land Contracts with Register of Deeds

Stamp

Need all pages of the Memorandum with the Register of Deeds recoding with the

County, Liber & Page Number.

Mobile Home Title

Most Recent Tax State Equalized Value Assessment (SEV)

This value is located on your property tax notices or bills.

Proof of Insurance for all real estate listed on Schedule D

The Declarations pages of all insurance policies that provide coverage for any real

property. If you do not carry insurance, you must supply a letter stating the property is

not insured with explanation then sign and date it.

Personal Property - Listed on Schedule B (Personal Property)

Vehicle Titles

All cars, trucks, snowmobile, boat, quads, etc.

Proof of Vehicle Insurance

The Declarations pages of all insurance policies that provide coverage for any real

property. If you do not carry insurance, you must supply a letter stating the property is

not insured with explanation then sign and date it.

Vehicle Lease Agreements

Leases (of any kind)

DAVID W. GARRETT


Muskegon, MI 49441

Phone/Fax: 800-747-6655

[email protected]



Retirement Statements (401k, IRA, Pension, etc.)

Must be the most recent statement.

All Bank statements or transaction histories that reflect the account's activity for the ninety

(90) days prior to your month of filing. For example: You are filed on July 30, 2012. You will

need to supply all bank statements for May 1, 2012 to July 30, 2012. Any missing

documents must be forwarded to my office no later than 15-days before your hearing date.

This includes all checking, savings, credit union accounts listed on Schedule B. You

need copies even if there has been no activity on the account during that timeframe. If

the account has been closed during this period, provide the last bank statement

showing the closing. Make sure that all months are accounted for, are in sequential

order (example: Jan 1 to June 30) and are completely legible.

Other

Divorce Judgments (If divorced within the last ten years)

Child Support order/Domestic Support Obligations - Must also have the following

information:

- Name, address, and telephone number of the payee

- Name, address, and telephone number of any Friend of the Court or similar out-of

state agency, and the case or account number used by the agency in the DSO