There are six steps to becoming a client of Fleming and Lowenberg and subsequently obtaining bankruptcy relief. Here are the steps, which apply to individual and business clients:
- Read through this website. Pay special attention to the Bankruptcy Information Pages where you will find general information about bankruptcy. You should be able to answer many of your questions here, and form an opinion as to which Chapter of the 2005-revised Bankruptcy Code (7, 11, 12, or 13) is most suited to your own situation.
- After 2005 we must first determine whether the type and amount of your debts make you an "assisted person". If so, this firm is a Debt Relief Agency helping people file for bankruptcy relief under the federal Bankruptcy Code in which case many disclosures and a highly-regimented client intake process is required. If not, these requirements do not apply. An "assisted person" is any person (individual, partnership, LLC, or corporation) whose debts consist primarily of consumer debts and the value of whose non-exempt (unprotected) property is less than $150,000. Many of this firm's traditional 1973-2005 struggling/failed business clients would not fit this new "assisted person" description because their debts were primarily business debts, not consumer debts.
- If it appears that you are not an assisted person, we will contact you by telephone or email to discuss and provide advice concerning your situation. If it appears that you are an assisted person, we will notify you of this fact by telephone or email and request that you re-visit our website, and follow the procedure in the Debt Relief Agency page so that we and you may proceed in compliance with the 2005 Act.
- If mutually agreeable, an Initial Office Conference ("IOC") will be scheduled. In some instances, your situation may indicate your case does not appear to meet the criteria for cases that Mr. Lowenberg handles. In this event, you will be given names of experienced bankruptcy attorneys who office near your location. What takes place at the IOC is different as between non-assisted persons and assisted persons. Non-assisted persons will bring the completed Checklist documents and the previously-agreed upon partial or full retainer. At the IOC, Mr. Lowenberg will provide non-assisted persons with additional documents to complete. Assisted persons are required to go through a far-more regulated, two-phase intake process which is described on the Debt Relief Agency page.
- Following intake, we and the client will work together to complete the documents necessary to file a Chapter 7 or Chapter 11 case, propose an out-of-court workout with creditors, or otherwise obtain debt relief or restructuring.
- As the time for filing draws near, you will come in for a Final Office Meeting ("FOM") where you will finalize the paperwork and sign off on all required documents. Your case will subsequently be filed (typically along with one or more other Chapter 7 cases) electronically. Within two business days after filing we will mail you a hard-copy of all filed documents together with your case number, dates and place of the Creditor Meeting, and instructions as to preparing for it.
This is the most efficient and effective way the firm has found to intake and process flat-fee Chapter 7 bankruptcy cases. Chapter 11, 12 ,and 13 cases and complex Chapter 7 consumer cases may require one or more additional office meetings. After reading through this website, fill out and submit the Business or Consumer Debtor Analysis Form and get the process started.