Debtor Education
Credit Counseling Course
Before filing for bankruptcy, you will be required to take a Credit Counseling Course. This is the first of two Bankruptcy education classes you will take. Click on the button to access the course page at our recommended provider, Summit Financial Education.
- Your first step will be to Create an Account and register for the course. During this step you will be asked for your attorney information. You either enter Dietrich when asked for the name, or use our Attorney Lookup Code which is 7397801.
- Once you begin the course, you will continue to complete part one prior to being asked for payment.
- At the end of part 1, you will select your credit counseling session. You may use our Attorney Payment Code to cover the charges. Please ask us for the code if you did not receive it. Once you complete your Counseling Session with a certified Credit Counselor at Summit they will issue a Certificate of Credit Counseling, a copy of which will be sent to our office.
Financial Management Course
After filing for bankruptcy, you are required to take a Financial Management Course, also referred to as Debtor Education. This is the Second of two Bankruptcy education classes you will take. Click the button to access the course page at our recommended provider, Summit Financial Education.
- If you have taken your Credit Counseling Course with Summit, you can simply begin by logging in to the Second Course and entering your Case Number.
- If this is your first time taking a class with Summit, your first step will be to Create an Account and register for the course. During this step you will be asked for your attorney information. You may either enter Dietrich when asked for the name, or use our Attorney Lookup Code, which is 7397801
- When registering you will select how you would like to take the course. It is available online or by phone. You may use Attorney Payment Code to cover the charges. Please ask us for the code if you did not receive it. The course will take 2 hours to complete, at which time a Certificate of Debtor Education will be issued, a copy of which will be sent to our office.
Fees and Other Policies
We realize our fees are important to you. Please understand the only thing we have to offer is time and our legal advice. We prepare documents, prepare pleadings, try cases and go to court. Nevertheless, most of what we do involves giving advice, negotiating or advocating your position, and researching the law. Often we spend significant time, effort, and energy in order to provide you with a few simple words of advice. What may appear to you to be the simplest or shortest document, actually may require many hours of research and preparation. You should also keep in mind that in many instances, you do not see these efforts or receive tangible evidence of our labors. Since we understand that we render a very intangible product – legal advice, we are always willing to discuss our fees with you. Please ask! We follow these policies for our representation:
Legal Fees:
We offer two different fee structures, fixed fee representation and full representation. The majority of our matters we handle under fixed fee representation. However, some matters we handle only under full representation. Other types of matters we handle either way.
After our first meeting, we may ask you to sign a fee letter in which the fee structure for our work together will be clearly spelled out.
Fixed Fee Representation
We offer certain types of representation at fixed fees. We can do so because we know the processes and can fairly predict the requirements of the representation. Typically, these engagements include a certain set of services with additional charges for things that happen outside the ordinary course of those matters. Our representation of you may or may not continue beyond delivery of the services depending on how we agree to proceed.
Full Representation
Under our full representation fee structures, you will be billed on an hourly basis for all time we spend working on your behalf. This includes any office or telephone discussions that we have with you, as well as initial consultations. In addition, we reserve the right to charge an additional fee based on various factors, such as the results, complexity, urgency or uniqueness of the matter.
Our hourly fees presently range between $220-300 an hour for attorneys and $70-120 an hour for paralegals/support staff. We attempt to assign your work in the most cost-effective manner; however, an attorney will supervise your case. We are not permitted to underwrite your expenses incurred in the representation. Hence, you are responsible for reimbursing us our out-of-pocket expenses that we advance in your representation (such as travel, tolls, filing fees, recording, government certificates, etc.) and our internal charges (such as long distance telephone, facsimile transmissions, overnight or other courier services, photocopying, etc.). These various costs and expenses will be billed separately and reflected on your monthly billing statement.
For full representation clients, we will request a fee deposit from you. We place this payment in a trust account to be held as deposit for your benefit. We will return any unused portion of this deposit at the conclusion of our representation.
Our statements for services rendered and costs incurred are due and payable upon receipt. If a statement remains unpaid for more than thirty (30) days, we reserve the right upon notice to you to withhold further services until the statement is paid, and, in addition, we may decline further services following payment unless a satisfactory deposit is made towards the payment of future services. If legal action is undertaken to collect an account due, you will be liable for court costs and attorneys’ fees incurred plus a late payment charge of 5% of the delinquent balance.
We are often asked how a client may keep legal fees to a minimum. This is our advice:
- Provide us with complete, accurate and organized information and documentation.
- Try not to change your mind in the middle of a transaction.
- Do not wait until the last minute. Last minute rushes require extraordinary measures and costs.
- Respond promptly to requests for information and for approval and execution of documents. Delays necessitate follow up measures which take time.
Our commitments:
- Consistent communication between the lawyers and clients.
- Respect for the legal system. This includes effective communications with the opposing parties, counsel for opposing parties, third-parties, and the Court. Respect for the legal system is best shown by honesty, timeliness and courtesy to all.
- Professional and community service.
- Investment in technology.
Terms of Engagement:
Our representation of you begins once you sign representation agreement with us and we acknowledge acceptance of your representation in writing. Contacting us via our web site does not mean that we become your attorney. You may terminate our services prospectively at any time upon written notice to us at which time we will return any unearned fees you have paid us. Likewise, the firm reserves the right to resign as counsel upon reasonable notice to you. If we are counsel of record for you in a litigation matter, we will tender an order for you to endorse authorizing our withdrawal as counsel. If you or we terminate our engagement, we will take reasonable steps to protect our and your interest in the matter for which we were engaged. Unless sooner terminated, our engagement as counsel will be concluded upon our sending you our final statement for services rendered, and thereafter, confidential information gained by us in our representation of you will continue to be held in confidence pursuant to the applicable rules of professional conduct.
Retention of Closed Files:
Upon completion of our representation, the files will be closed and indexed for our storage facility. The firm cannot keep old files forever and generally destroys files five (5) years after the case has reached a final order or decree or when the case has been inactive for five (5) years. The client has the responsibility to retrieve all personal papers or items from the file after completion of the case or prior to five (5) years of inactivity, and authorizes the firm to destroy and/or discard the files in a secure manner after five (5) years of inactivity. The client may be charged a “file retrieval” fee to retrieve files after the file is sent to storage. Some cases have different requirements based on various things. If the law requires us to retain your records longer than five (5) years, we will comply with that record retention requirement.
Our firm attempts to keep all files in digital format. Digital format files may be kept indefinitely, but not shorter than five (5) years. Fees will apply for paper production of any files that exist only in digital format. At the conclusion of the representation, you should inform us if you wish to have your papers and/or property returned to you before the files are processed to the storage facility.
Please remember that we provide an intangible product, legal services, and you may see only a small part of our efforts. This combination may result in questions, in your part, regarding our statement for services rendered and costs advanced. We urge you to call us as soon as questions arise. We find that frank and candid discussions answer most of these questions.
We hope you find this information useful, and we look forward to working toward a successful resolution of the issues at hand.
Bankruptcy FAQs:
You may benefit from a bankruptcy if you:
- Are having difficulty paying daily living expenses (i.e. household bills for food, utilities.)
- Are paying only minimum amounts (or nothing) on your credit cards
- Use a credit card to make payments on other debts
- Cannot budget yourself out of debt within five years
- Are getting notices that your mortgage is being sent to the foreclosure department
- Are getting notices that one of more of your creditors are starting legal proceedings to collect
- Have had your vehicle repossessed
- Have had a severe financial setback, such as losing your job or a major client, or suffering a divorce or a costly illness
When we meet with you we will analyze your assets, secured debt and exemptions so you will know before you file if any of your assets are at risk.
There are three types of consumer bankruptcy:
Chapter 7 – A “straight bankruptcy” wipes out most, if not all, unsecured debts (except those listed below) and provides an immediate fresh start. A Chapter 7 is also called a “liquidation bankruptcy” because assets and other valuables not protected by exemptions or burdened with secured debt will be sold by the trustee to pay creditors. However, 95 percent of all Chapter 7 filings are “no asset” cases, meaning that it is unlikely you will have to give property to the Trustee for liquidation.
-For consumers, filing for Chapter 7 relieves most debts, but not all as you may want to keep your home or vehicles and some debts are not dischargeable. Businesses, corporations, and partnerships may also file for Chapter 7.
When the following conditions exist, filing Chapter 7 may be your best bankruptcy option:
You cannot pay your debts
Your creditors are pestering you or threatening to sue you, repossess your vehicle or foreclose on your home
Please keep in mind that any co-signors’ obligation is not discharged in your bankruptcy unless they are filing with you
Chapter 13 – This type of bankruptcy sets up a repayment plan to pay back a portion of your debts over three to five years. Some secured debt can be restructured and every effort is made to ensure you end up with a reasonable monthly plan payment.
- Filing Chapter 13 helps consumers and sole proprietorships restructure their debts over three to five years.
If you need some breathing room to pay your debts, Chapter 13 could be your best bankruptcy options, especially if you—
Are behind on your mortgage payments
Owe the IRS
Do not qualify for Chapter 7
Need relief from collection proceedings
Have debts with non-filing co-signers
Depending on the facts of your case you can pay as little as nothing or as much of 100% of your debts over three to five year plan.
Chapter 11 - In Chapter 11 bankruptcy, certain individuals or commercial enterprises pay creditors according to a court-approved reorganization plan. This allows you or your business the opportunity to get back on its feet and back on a path to profitability. The bankruptcy court approves or rejects your plan. You should consult both your financial and legal advisors to determine whether this serious step is right for you and your business. Not every Chapter 11 case results in restored profitability. Chapter 11 could also ultimately result in liquidation through conversion to Chapter 7.
Our experienced bankruptcy attorneys can help you determine if bankruptcy is right for you and which chapter is the best suited for your particular situation.
Bankruptcy does not relieve you of all debts. The following are generally still your responsibility at bankruptcy:
- Alimony
- Child support
- Claims for death or injury caused by operating a vehicle while intoxicated
- Criminal fines, restitution, or penalties
- Debts incurred by fraud or willful and malicious injury
- Income taxes that do not qualify for bankruptcy discharge
- Mortgages and car loans (secured debt) unless you surrender the collateral
- Student loans
- Luxury goods purchases of more than $550 made within 90 days of filing
- Cash advances of $825 or more within 70 days of filing
Our experienced bankruptcy attorneys can review your debts with you to give you a full understanding of the debts covered and not covered.