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Terms and
Conditions
PLEASE READ THE FOLLOWING TERMS OF
SERVICES & LEGAL NOTICES ("THIS AGREEMENT") CAREFULLY BEFORE
USING THE NewDomainName.com WEBSITE (the "Site" or "NewDomainName").
These terms explain your (and our) rights under this Agreement, and make
certain disclosures required by the law. By using the Site, you give your
assent to the terms of this Agreement. If you do not agree to these terms,
you may not use the Site. Adams and Associates, P.A. ("NewDomainName","
"We" or "Our") has the right, in our sole discretion,
to modify, add, or remove any terms or conditions of this Agreement
without giving individual notice to you, by posting the changes on the
Site. Your continuing use of the Site signifies your acceptance of any
such changes.
DISCLOSURES
REQUIRED UNDER SECTION 527 AND 342 OF THE BANKRUPTCY ABUSE PREVENTION AND
CONSUMER PROTECTION ACT OF 2005.
NOTICE NO. 1
Notice Mandated By Section 342(b)(1) and 527(a)(1) Of The Bankruptcy Code
PURPOSES, BENEFITS AND COSTS OF
BANKRUPTCY
The United States Constitution
provides a method whereby individuals, burdened by excessive debt, can
obtain a "fresh start" and pursue productive lives unimpaired by
past financial problems. It is an important alternative for persons
strapped with more debt and stress than they can handle.
The federal bankruptcy laws were
enacted to provide good, honest, hard-working debtors with a fresh start
and to establish a ranking and equity among all the creditors clamoring
for the debtor's limited resources.
Bankruptcy helps people avoid the
kind of permanent discouragement that can prevent them from ever
re-establishing themselves as hard‑working members of society.
To the extent that there may be
money or property available for distribution to creditors, creditors are
ranked to make sure that money or property is fairly distributed according
to established rules as to which creditors get what.
This discussion is intended only as
a brief overview of the types of bankruptcy filings and of what a
bankruptcy filing can and cannot do. No one should base their decision as
to whether or not to file bankruptcy solely on this information.
Bankruptcy law is complex, and there are many considerations that must be
taken into account in making the determination whether or not to file.
Anyone considering bankruptcy is encouraged to make no decision about
bankruptcy without seeking the advice and assistance of an experienced
attorney who practices nothing but bankruptcy law.
Types of Bankruptcy
The Bankruptcy Code is divided into
chapters. The chapters which almost always apply to consumer debtors are
chapter 7, known as a "straight bankruptcy", and chapter 13,
which involves an affordable plan of repayment.
An important feature applicable to
all types of bankruptcy filings is the automatic stay. The automatic stay
means that the mere request for bankruptcy protection automatically stops
and brings to a grinding halt most lawsuits, repossessions, foreclosures,
evictions, garnishments, attachments, utility shut‑offs, and debt
collection harassment. It offers debtors a breathing spell by giving the
debtor and the trustee assigned to the case time to review the situation
and develop an appropriate plan. In most circumstances, creditors cannot
take any further action against the debtor or the property without
permission from the bankruptcy court.
Chapter 7
In a chapter 7 case, the bankruptcy
court appoints a trustee to examine the debtor's assets to determine if
there are any assets not protected by available "exemptions".
Exemptions are laws that allow a debtor to keep, and not part with,
certain types and amounts of money and property. For example, exemption
laws allows a debtor to protect a certain amount of equity in the debtor's
residence, motor vehicle, household goods, life insurance, health aids,
retirement plans, specified future earnings such as social security
benefits, child support, and alimony, and certain other types of personal
property. If there is any non-exempt property, it is the Trustee's job to
sell it and to distribute the proceeds among the unsecured creditors.
Although a liquidation case can rarely help with secured debt (the secured
creditor still has the right to repossess the collateral if the debtor
falls behind in the monthly payments), the debtor will be discharged from
the legal obligation to pay unsecured debts such as credit card debts,
medical bills and utility arrearages. However, certain types of unsecured
debt are allowed special treatment and cannot be discharged. These include
some student loans, alimony, child support, criminal fines, and some
taxes.
Additional information about chapter
7 is available at the Site.
In addition to attorney fees, there
is a filing fee that must be paid to the Bankruptcy Court.
Chapter 13
In a chapter 13 case, the debtor
puts forward a plan, following the rules set forth in the bankruptcy laws,
to repay certain creditors over a period of time, usually from future
income. A chapter 13 case may be advantageous in that the debtor is
allowed to get caught up on mortgages or car loans without the threat of
foreclosure or repossession, and is allowed to keep both exempt and
nonexempt property. The debtor's plan is a document outlining to the
bankruptcy court how the debtor proposes to dispose of the claims of the
debtor's creditors. The debtor's property is protected from seizure from
creditors, including mortgage and other lien holders, as long as the
proposed payments are made and necessary insurance coverages remain in
place. The plan generally requires monthly payments to the bankruptcy
trustee over a period of three to five years. Arrangements can be made to
have these payments made automatically through payroll deductions.
Additional information about chapter
13 is available at the Site.
In addition to attorney fees, there
is a filing fee that must be paid to the Bankruptcy Court.
Chapter 11
By and large, chapter 11 is a type
of bankruptcy reserved for large corporate reorganizations. Chapter 11
shares many of the qualities of a chapter 13, but tends to involve much
more complexity on a much larger scale.
However, since chapter 11 does not
usually pertain to individuals whose debts are primarily consumer debts,
further information about chapter 11 will be provided by reference to the
following resource: The A Bankruptcy Basics @ brochure prepared by the
Administrative Office of the United States Courts, dated June 2000, and
which can be accessed over the internet by visiting the following website:
http://www.uscourts.gov/bankruptcycourts.html
Chapter 12
Chapter 12 of the Bankruptcy Code
was enacted by Congress in 1986, specifically to meet the
needs of financially distressed
family farmers. The primary purpose of this legislation was to give
family farmers facing bankruptcy a
chance to reorganize their debts and keep their farms.
However, as with chapter 11, since
chapter 12 does not usually pertain to individuals whose debts are
primarily consumer debts, further information about chapter 12 will be
provided by reference to the same "Bankruptcy Basics" brochure
referred to above, which can be accessed over the internet at the same
said website as mentioned for chapter 11.
What Bankruptcy Can and Cannot Do
Bankruptcy may make it possible for
financially distressed individuals to:
1. Discharge liability for most or
all of their debts and get a fresh start. When the debt is discharged, the
debtor has no further legal obligation to pay the debt.
2. Stop foreclosure actions on their
home and allow them an opportunity to catch up on missed payments.
3. Prevent repossession of a car or
other property, or force the creditor to return property even after it has
been repossessed.
4. Stop wage garnishment and other
debt collection harassment, and give the individual some breathing room.
5. Restore or prevent termination of
certain types of utility service.
6. Lower the monthly payments and
interest rates on debts, including secured debts such as car loans.
7. Allow debtors an opportunity to
challenge the claims of certain creditors who have committed fraud or who
are otherwise seeking to collect more than they are legally entitled to.
Bankruptcy, however, cannot cure
every financial problem. It is usually not possible to:
1. Eliminate certain rights of
secured creditors. Although a debtor can force secured creditors to take
payments over time in the bankruptcy process, a debtor generally cannot
keep the collateral unless the debtor continues to pay the debt.
2. Discharge types of debts singled
out by the federal bankruptcy statutes for special treatment, such as
child support, alimony, student loans, certain court ordered payments,
criminal fines, and some taxes.
3. Protect all cosigners on their
debts. If relative or friend co‑signed a loan which the debtor
discharged in bankruptcy, the cosigner may still be obligated to repay
whatever part of the loan not paid during the pendency of the bankruptcy
case.
4. Discharge debts that are incurred
after bankruptcy has been filed.
Bankruptcy's Effect on Your Credit
By federal law, a bankruptcy can
remain part of a debtor's credit history for 10 years. Whether or not the
debtor will be granted credit in the future is unpredictable, and probably
depends, to a certain extent, on what good things the debtor does in the
nature of keeping a job, saving money, making timely payments on secured
debts, etc.
Services Available From Credit
Counseling Agencies
With limited exceptions, Section
109(h) of the Bankruptcy Code requires that all individuals who file for
bankruptcy relief on or after October 17, 2005 receive a briefing that
outlines all available opportunities for credit counseling and provides
assistance in performing a budget analysis. The briefing must be given
within 180 days prior to the bankruptcy filing. The briefing may be
provided individually or in a group (including briefings conducted over
the Internet or over the telephone) and must be provided by a non-profit
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.
If you're not disciplined enough to
create a workable budget and stick to it, can't work out a repayment plan
with your creditors, can't keep track of mounting bills, or need more help
with your debts than can be achieved by merely having a few of your
unsecured creditors lower your interest rates somewhat, it probably makes
little sense to consider contacting a credit counseling organization.
If, on the other hand, you meet all
or most of those criteria, there are many non-profit credit counseling
organizations that will work with you to solve your financial problems.
But be aware that, just because an
organization says it's "nonprofit," there's no guarantee that
its services are free, affordable or even legitimate.
Most credit counselors offer
services through local offices, the Internet, or on the telephone. If
possible, it probably best to find an organization that offers in-person
counseling. Many universities, military bases, credit unions, housing
authorities, and branches of the U.S. Cooperative Extension Service
operate nonprofit credit counseling programs. Your financial institution,
local consumer protection agency, and friends and family also may be good
sources of information and referrals.
Reputable credit counseling
organizations can advise you on managing your money and debts, help you
develop a budget, and offer free educational materials and workshops.
Their counselors are certified and trained in the areas of consumer
credit, money and debt management, and budgeting. Legitimate counselors
will discuss your entire financial situation with you, and help you
develop a personalized plan to solve your money problems. An initial
counseling session typically lasts an hour, with an offer of follow-up
sessions.
If your financial problems stem from
too much debt or your inability to repay your debts, a credit counseling
agency may recommend that you enroll in what is knows as a "debt
management plan" or "DMP". A DMP alone is not credit
counseling, and DMPs are not for everyone. You should sign up for one of
these plans only after a certified credit counselor has spent time
thoroughly reviewing your financial situation, has offered you customized
advice on managing your money, and has analyzed your budget to make sure
that the proposed DMP is one you can afford. However, remember that all
organizations that promote DMP's fund themselves in part through
arrangements with the creditors involved, which are called "fair
share", so you have to be wary as to whose best interest the
counselor has in mind. Even if a DMP is not appropriate for you, a
reputable credit counseling organization still can help you create a
budget and teach you money management skills.
In a DMP, you deposit money each
month with the credit counseling organization, which uses your deposits to
pay your unsecured debts, like your credit card bills and medical bills,
according to a payment schedule the counselor develops with your
creditors. Your creditors may agree to lower your interest rates or waive
certain fees, but it's always best to check with all your creditors, just
to make sure they offer the concessions that a credit counseling
organization is promising you. A successful DMP requires you to make
regular, timely payments, and could take 48 months or more to complete.
Ask the credit counselor to estimate how long it will take for you to
complete the plan. You may have to agree not to apply for C or use C any
additional credit while you're participating in the plan, and a DMP is
likely of little value if your problems stem from or involve your secured
creditors holding your car, truck or home as collateral. DMP's are also
likely of little value if your problems stem from alimony, child support
or overdue taxes.
The bottom line is this: If all you
need is a little lowering of your interest rates on some unsecured debts,
a DMP might be the answer. However, if what you really need is to reduce
the amount of your debt, bankruptcy may be the solution.
NOTICE NO. 2
Notice Mandated By
Section 527(a)(2) Of The Bankruptcy Code
NOTICE OF
MANDATORY DISCLOSURE
TO CONSUMERS WHO
CONTEMPLATE FILING BANKRUPTCY
You are notified as follows:
1. All information that you are
required to provide with the filing of your case and thereafter, while
your case is pending, must be complete, accurate and truthful.
2. All your assets and all your
liabilities must be completely and accurately disclosed in the documents
filed to commence your case, and the replacement value of each asset (as
defined in Section 506 of the Bankruptcy Code) must be stated in those
documents where requested after reasonable inquiry to establish such
value.
3. Some sections of the Bankruptcy
Code require you to determine and list the replacement value of an asset
such as a car or furniture. When replacement value is required, it means
the replacement value, established after reasonable inquiry, as of the
date of the filing of your bankruptcy case, without deduction for costs of
sales or marketing. With respect to property acquired for personal, family
or household purposes, replacement value means the price a retail merchant
would charge for "used" property of that kind considering the
age and condition of the property. Again, replacement value is defined in
the Bankruptcy Code as the price that a retail merchant would charge for
property of the same kind, considering the age and condition of the
property at the time its value is determined. This is not the cost to
replace the item with a new one or what you could sell the item for; it is
the cost at which a retail merchant would sell the used item in its
current condition. In many cases (particularly used clothing, furniture,
computers, etc.), this would be “yard sale” value, or what the item
might sell for on eBay. In other cases, such as jewelry, antiques or
collectables, it may be retail value. For motor vehicles, it would be the
third party purchase value. For real property, it is what the real
property would sell for, at current Market value. For cash and bank
accounts, it is the actual amount on deposit. For stocks and bonds, it is
their market value as of the date your case is filed. You must make a
reasonable inquiry to determine the replacement value of your assets.
4. Before your case can be filed, it
is subject to what is called "Means Testing". The Means Test was
designed to determine whether or not you qualify to file a case under
chapter 7 of the Bankruptcy Code, and if not, how much you need to pay
your unsecured creditors in a chapter 13 case. For purposes of means test,
you must state, after reasonable inquiry, your total current monthly
income, the amount of all expenses as specified and allowed pursuant to
section 707(b)(2) of the bankruptcy code, and if the plan is to file in a
Chapter 13 case, you must state, again after reasonable inquiry, your
disposable income, as that term is defined.
5. Information that you provide
during your case may be audited pursuant to the provisions of the
Bankruptcy Code. Your failure to provide complete, accurate and truthful
information may result in the dismissal of your case or other sanctions,
including criminal sanctions.
NOTICE NO. 3
Notice Mandated By
Section 527(b) Of The Bankruptcy Code
IMPORTANT
INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES
If you decide to seek bankruptcy
relief, you can represent yourself, you 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 well 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
questioned by a court official called a > trustee = and by creditors.
If you choose 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. It may not be in your best interest to reaffirm a
debt.
If you choose to file a chapter 13
case in which you repay your creditors what you can afford over 3 to 5
years, you may also want help with preparing your chapter 13 plan and with
the confirmation hearing on your plan which, if held, will be before a
bankruptcy judge.
If you select another type of relief
under the Bankruptcy Code other than chapter 7 or chapter 13, you will
want to find out what should be done from someone familiar with that type
of relief. However, please be advised that in most cases, you will only be
concerned with chapter 7 and chapter 13.
Your bankruptcy case may also
involve litigation. You are generally permitted to represent yourself in
litigation in bankruptcy court, but only attorneys, not bankruptcy
petition preparers, can give you legal advice.
NOTICE NO. 4
Notice Mandated By
Section 342(b)(2) Of The Bankruptcy Code
FRAUD &
CONCEALMENT PROHIBITED
If you decide to file bankruptcy, it
is important that you understand the following:
1. Some or all of the information
you provide in connection with your bankruptcy will be filed with the
bankruptcy court on forms or documents that you will be required to sign
and declare as true under penalty of perjury.
2. A person who knowingly and
fraudulently conceals assets or makes a false oath or statement under
penalty of perjury in connection with a bankruptcy case shall be subject
to fine, imprisonment, or both.
3. All information you provide in
connection with your bankruptcy case is subject to examination by the
Attorney General.
ACKNOWLEDGMENT OF RECEIPT
By using the Site and/or otherwise
accepting this Agreement, you acknowledge that you have received a copy of
or been provided with access to all of the following notices:
1. Notice Mandated By Section
342(b)(1) and 527(a)(1) Of The Bankruptcy Code
2. Notice Mandated By Section
527(a)(2) Of The Bankruptcy Code
3. Notice Mandated By Section 527(b)
Of The Bankruptcy Code
AGREEMENT
1. Background
Use of this Site is licensed to one law firm located in each area code
across the United States (the “law firms” or "Law Firms") to
(i) allow each such Law Firm to promote their own web site and practice
within the area code in which they are located, (ii) facilitate the
public's ability to learn about bankruptcy law and (iii) interact with
bankruptcy attorneys (it being understood that not all area codes will
include a licensing law firm at all times). In addition to educating the
general public about bankruptcy law, each Law Firm provides users with the
ability to submit information about their specific bankruptcy case, and to
request to be contacted by such Law Firm to discuss their case and to
possibly hire it to represent them. You understand that
Adams & Associates, P.A.
does not refer attorneys or law firms, and does not endorse any of the law
firms which license use of the Site. It is your decision alone whether or
not to work with a licensing law firm.
Adams & Associates, P.A. itself is a website owned (or, as applicable, licensed) and operated
by Adams & Associates, P.A. Adams & Associates, P.A. does not receive any portion of
any lawyer's or law firm's fees and any arrangements subsequently made by
you and any lawyer or law firm are strictly between you and such party and
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Adams & Associates, P.A., and, to the extent applicable, its licensors, does
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Law Firms to better market their respective web sites, and, in certain
instances, provide various ancillary services related to such licensed use
of this Site.
2. Purpose
THIS WEBSITE IS AN ADVERTISEMENT OF LEGAL SERVICES, and all of the
materials and information on the Site are provided for informational
purposes only, and may not reflect current legal developments or variances
in the law of different jurisdictions. Nothing on the Site should be
construed as legal advice or used as a substitute for legal advice. A licensor may provide legal advice to you in the event you
engage such licensor to serve as your legal counsel. The materials and
information on the Site do not necessarily reflect the opinions of the
attorneys of the Law Firms, their partners, clients or affiliates. The
information in the Site is not guaranteed to be correct, complete or up to
date. The Site is not intended to, and does not, constitute or create an
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attorney associated with the Site. Additionally, the mere receipt of an
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& Associates, P.A. shall not be liable for any damages or costs of any type
arising out of or in any way connected with your use of such services
(including, without limitation, claims based on malpractice).
YOU SHOULD NOT ACT OR RELY ON THE
BASIS OF ANY INFORMATION ON THE SITE WITHOUT SEEKING AND RETAINING THE
ADVICE OF AN ATTORNEY.
3. Submission of Information
By submitting information to us, you agree that we may release your
contact information and all information that may be submitted by you to
the Law Firms, and/or to other law firms and attorneys which are not part
of the Law Firm group, and you further agree and understand that they may
contact you directly should they have any interest in discussing your case
with you, unless you request in writing your desire not to be contacted.
In no event, however, shall we be obligated to release any submitted
information to our unaffiliated sponsoring law firms or any other law
firms, including contact names, but rather may or may not do so at our
sole discretion. Furthermore, in no event is any unaffiliated sponsoring
law firm obligated to contact you with regard to your case, but rather may
or may not do so at its sole discretion. By accepting the submission of
your information, we do not offer any advice on whether you may have
remedies under current law. After discussing your specific case with an
unaffiliated sponsoring or non-sponsoring law firm, if the attorney is
willing to represent you in the specific matter you have presented to him,
he will send you a retainer agreement in the mail that you will need to
sign and return (or otherwise have you sign such retainer) before he can
represent you in that specific matter. If either the attorneys or you do
not agree in writing to create an attorney-client relationship, none will
exist. In the meantime, you are encouraged to seek and retain the advice
of other counsel so as to meet all applicable deadlines that govern your
bankruptcy case. You hereby agree that, by taking any of the actions
described above, you are soliciting and requesting a contact by telephone
and as such, you may be contacted by telephone or e-mail as set forth in
this Agreement and in our Privacy Policy, notwithstanding the listing of
your telephone number and/or e-mail address in any applicable do-not-call
registries.
4. Privacy Policy
Your personal information is subject to our Privacy Policy, which is
incorporated herein by reference. Click
here to review our privacy policy.
5. Modifications to the Site
We reserve the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Site (or any part of it) with
or without notice. In the event of a modification or discontinuance, all
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Site, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will we be liable in any way for
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omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or
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this agreement or is otherwise objectionable.
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connection with the Site may contain proprietary and confidential
information that is protected by applicable intellectual property and
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8. Limited License; Permitted Uses
You are granted a non-exclusive, nontransferable, revocable license (1) to
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Conditions; (2) to use the Site solely for internal, personal,
noncommercial purposes; and (3) to print out discrete information and
search results from the Site solely for internal, personal, noncommercial
purposes and provided that you maintain all copyright and other notices
contained therein.
9. Restrictions and Prohibitions on
Use
Your license to access and use the Site and its services are subject to
the following additional restrictions and prohibitions on use. You may not
(1) copy, print (except for the express limited purpose permitted by
paragraph 8, above), republish, display, transmit, distribute, sell, rent,
lease, loan or otherwise make available in any form or by any means all or
any portion of the Site, or any information or materials retrieved
therefrom; (2) use the Site or any other materials from the Site to
develop, or as a component of, an information storage and retrieval
system, database, infobase, or similar information resource (in any media
now existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease, rental,
subscription, or any other commercial distribution mechanism; (3) create
compilations or derivative works of the Site or any other materials from
the Site; (4) use the Site or any other materials from the Site in any
manner that may infringe any copyright, intellectual property right,
proprietary right, or property right of Adams & Associates, P.A.
or any third
parties; (5) remove, change, or obscure any copyright notice or other
proprietary notice or terms of use contained in the Site; (6) make any
portion of the Site available through any timesharing system, service
bureau, the Internet, or any other technology now existing or developed in
the future, without our express written consent; (7) remove, disable,
defeat or change any functionality or appearance of the Site; (8)
decompile, disassemble or reverse engineer any Site software or use any
network monitoring or discovery software to determine the site
architecture; (9) use any automatic or manual process to harvest
information from the Site; (10) use the Site for the purpose of gathering
information for or transmitting (a) unsolicited commercial email; (b)
email that makes use of our name or trademarks, including in connection
with invalid or forged headers, invalid or nonexistent domain names, or
other means of deceptive addressing; and (c) unsolicited telephone calls
or facsimile transmissions; (11) use the Site in a manner that violates
any state or federal law regulating commercial email, facsimile
transmissions or telephone solicitations; and (12) export or re-export the
Site or any portion thereof, or any software available on or through the
Site, in violation of the export control laws and regulations of the
United States.
10. No Solicitation
You shall not distribute on or through the Site or to any persons or
entities identified via the Site any content or material containing
solicitations or advertising of any kind without our express prior written
permission.
11. Indemnity
You agree to indemnify and hold us, and our licensors, subsidiaries,
affiliates, equity holders, directors, officers, agents, third party
contractors and employees, harmless from all damages, costs, liabilities,
and any claim or demand made by any third party, including reasonable
attorney's fees due to or arising out of Content you submit, post to or
transmit through the Site, your use of the Site, your connection to the
Site, your violation of this agreement, or your violation of any rights of
another person, or due to or arising from such activities carried out by a
person using your Adams & Associates, P.A. account or password, with your
knowledge.
12. Errors and Corrections
We do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected. We
do not warrant or represent that the information available on or through
the Site will be correct, accurate, timely, or otherwise reliable. We may
(but are not obligated to) make improvements and/or changes to its
features, functionality or content of the Site at any time. In no event
shall we be liable for any such errors or defects.
13. Termination
By using the Site, you do not acquire any rights to the Site other than
the limited license to use the Site (as set forth in paragraph 8 above)
that can be terminated in accordance with this section. You agree that we,
in our sole discretion, may terminate your password, account (or any part
thereof) or use of the Site, and remove and discard any Content within the
Site, for any reason, including, without limitation, non-payment, for lack
of use, or if we believe that you have violated or acted inconsistently
with the letter or spirit of this agreement. We may also in our sole
discretion and at any time discontinue providing the Site, or any part
thereof, with or without notice. You agree that any termination of your
access to the Site under any provision of this agreement may be effected
without prior notice, and acknowledge and agree that we may immediately
deactivate or delete your account and all related Content information and
files in your account and/or bar any further access to such files or the
Site. Further, you agree that we shall not be liable to you or any
third-party for any termination of your access to the Site.
14. Third-Party Content
Third-party content may appear on this Site or may be accessible via links
from this Site. We shall not be responsible for and assume no liability
for any mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content contained in any third-party
content appearing on the Site. You understand that the information and
opinions in the third-party content represent solely the thoughts of the
author and is neither endorsed by us nor does it reflect our beliefs.
15. Dealings with Advertisers
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Site, including payment
and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that we shall not be
responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Site.
16. Links to Other Websites
The Site may contain "hyperlinks" to websites neither owned nor
controlled by us and we are not responsible for, and, unless otherwise
noted specifically, make no representations or endorsements with respect
to these sites or with respect to any service or product associated with
these sites. By including these hyperlinks, we do not mean to state or
imply that we sponsor, are affiliated with, or are legally authorized to
use any trade name, registered trademark, service mark, logo, legal or
official seal, or copyrighted symbol that may be reflected in the
hyperlinks.
18. Disclosures Regarding Attorney
Advertising
THIS SITE MAY CONTAIN ADVERTISING
MATERIAL OR LAWYER ADVERTISEMENTS
Some jurisdictions may consider the Site to be a form of advertising for
legal services and as such may require specific disclosures. Please read
the following carefully:
THIS IS AN ADVERTISEMENT. The
determination of the need for legal services and the choice of a lawyer
are extremely important decisions and should not be based solely upon
advertisements. Anyone considering a lawyer should independently
investigate the lawyer's credentials and ability, and not rely upon
advertisements or self-proclaimed expertise. Hiring a lawyer is an
important process that should not be based solely upon advertisements.
The attorney responsible for the
content of this Site is Richard J. Adams, Esq., 900 W. 49 Street, Suite
514, Hialeah, Florida 33012 (“Adams”).
Neither Adams nor any of the Law
Firms operate as a lawyer-advertising cooperative, lawyer referral
service, prepaid legal insurance provider, or similar organization the
business or activities of which include the referral of customers,
members, or beneficiaries to lawyers for the performance of fee-generating
legal services or the payment for or provision of legal services to the
customers, members, or beneficiaries in matters for which they do not bear
ultimate responsibility.
FREE BACKGROUND INFORMATION
AVAILABLE UPON REQUEST
Before you decide to hire any of the Law Firms, ask them to send you free
written information about their qualifications and experience. Additional
information about the lawyers or firms may also be obtained by contacting
the Bar Association in the State in which such lawyers or law firms are
licensed.
No representation is made that the
quality of the legal services to be performed is greater than the quality
of legal services performed by other lawyers. Memberships and offices in
legal fraternities and legal societies, technical and professional
licenses, and memberships in scientific, technical and professional
associations and societies of law or fields of practice do not mean that a
lawyer is a specialist, expert, authority or is certified in a particular
field of law, nor do such memberships or licenses mean that such a lawyer
is more expert or competent than any other lawyer.
A description or indication of
limitation of practice does not mean that any agency or board has
certified such lawyer as a specialist, expert or authority in an indicated
field of law practice, nor does it mean that such lawyer is more expert or
competent than any other lawyer. We urge all potential clients to make
their own independent investigation and evaluation of any lawyer being
considered.
Except where otherwise indicated, neither Adams nor any of the Law Firms
are certified by the Florida Bar Board of Legal Specialization and
Education, the Texas Board of Legal Specialization ("Not Certified by
the Texas Board of Legal Specialization"), or any other entity or
body. The fact that certain attorneys or firms concentrate their practices
in the defense of bankruptcy cases (or any other field) is not meant to
imply that they have gained any specific type of certification in these
areas. Indeed, many states-including Illinois-do not recognize
certifications of specialties in the practice of law and explicitly state
that any such certificate, award or recognition is not a requirement to
practice law in those states.
ADDITIONAL STATE SPECIFIC
DISCLOSURES:
Alabama
No representation is made that the quality of the legal services to be
performed is greater than the quality of legal services performed by other
lawyers.
Alaska
The Alaska Bar Association does not accredit or endorse certifying
organizations.
Florida
The hiring of a lawyer is an important decision that should not be based
solely upon advertisements. Before you decide to hire any attorney, ask
that lawyer to send you free written information about that lawyer’s
qualifications and experience.
Hawaii
The supreme Court of Hawaii grants Hawaii certification only to lawyers in
good standing who have successfully completed a specialty program
accredited by the American Bar Association.
Illinois
The Supreme Court of Illinois does not recognize certifications of
specialties in the practice of law and that the certificate, award or
recognition is not a requirement to practice law in Illinois.
Iowa
The determination of the need for legal services and the choice of a
lawyer are extremely important decisions and should not be based solely
upon advertisements or self-proclaimed expertise. This disclosure is
required by rule of the Supreme Court of Iowa.
Memberships and offices in legal
fraternities and legal societies, technical and professional licenses, and
memberships in scientific, technical and professional associations and
societies of law or field of practice do not mean that a lawyer is a
specialist or expert in a field of law, nor do they mean that such a
lawyer is necessarily any more expert or competent than any other lawyer.
A description or indication of
limitation of practice does not mean that any agency or board has
certified such lawyer as a specialist or expert in an indicated field of
law practice, nor does it mean that such lawyer is necessarily any more
expert or competent than any other lawyer.
All potential clients are urged to
make their own independent investigation and evaluation of any lawyer
being considered. This notice is required by rule of the Supreme Court of
Iowa.
The filing of a claim or suit solely
to coerce a settlement or to harass another could be illegal and could
render the person so filing liable for malicious prosecution or abuse of
process.
Kansas
Any attorney listings or other information pertaining to a particular
attorney or law firm on this Site constitutes a paid attorney
advertisement, and do not in any way constitute a referral or endorsement
by an approved or authorized lawyer referral service.
Massachusetts
If a Massachusetts lawyer holds himself or herself out as
"certified" in a particular service, field or area of law by a
non-governmental body, the certifying organization is a private
organization, whose standards for certification are not regulated by the
Commonwealth of Massachusetts.
Mississippi
Free Background information is available upon request to a Mississippi
attorney.
There is no procedure in Mississippi for approving certifying or
designating organizations and authorities.
Missouri
ADVERTISING MATERIAL: COMMERCIAL SOLICITATIONS ARE PERMITTED BY THE
MISSOURI RULES OF PROFESSIONAL CONDUCT BUT ARE NEITHER SUBMITTED TO NOR
APPROVED BY THE MISSOURI BAR OR THE SUPREME COURT OF MISSOURI. Neither the
Supreme Court of Missouri nor the Missouri Bar reviews or approves
certifying organizations or specialist designations.
Nevada
Neither the state bar of Nevada nor any agency of the State Bar has
certified any lawyer identified here as a specialist or as an expert.
Anyone considering a lawyer should independently investigate the lawyer's
credentials and ability.
New Jersey
Any certification as a specialist, or any certification in a field of
practice, that does not state that such certification has been granted by
the Supreme Court of New Jersey or by an organization that has been
approved by the American Bar Association, indicates that the certifying
organization has not been approved, or has been denied approval, by the
Supreme Court of New Jersey and the American Bar Association.
New Mexico
LAWYER ADVERTISEMENT
Any certification by an organization other than the New Mexico Board of
Legal Specialization does not constitute recognition by the New Mexico
Board of Legal Specialization, unless the lawyer is also recognized by the
board as a specialist in that area of law.
Rhode Island
The Rhode Island Supreme Court licenses all lawyers in the general
practice of law. The court does not license or certify any lawyer as an
expert or specialist in any field of practice.
Tennessee
Certifications of Specialization are available to Tennessee lawyers in all
areas of practice relating to or included in the areas of Civil Trial,
Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's
Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice,
Elder Law, Estate Planning and Family Law. Listing of related or included
practice areas herein does not constitute or imply a representation of
certification of specialization.
Texas
Unless otherwise indicated, Not Certified by the Texas Board of Legal
Specialization.
Washington
The Supreme Court of Washington does not recognize certification of
specialties in the practice of law and that the certificate, award, or
recognition is not a requirement to practice law in the State of
Washington.
Wyoming
The Wyoming State Bar does not certify any lawyer as a specialist or
expert. Anyone considering a lawyer should independently investigate the
lawyer's credentials and ability, and not rely upon advertisements or
self-proclaimed expertise.
Within the Site, we may include
descriptions of successful lawsuits brought by Adams, the Law Firms, or
other attorneys not affiliated with us or the Site. These descriptions are
not meant to create any unjustified expectations that similar results can
be obtained for others, for each case turns on its own specific factual
and legal circumstances. No attorney can guarantee the success of a case
and past successes even in very similar lawsuits do not mean that success
in a subsequent case is guaranteed or even likely. Past success cannot be
an assurance of future success because each case must be decided on its
own merits. Results depend upon a variety of factors unique to each case.
The material on this site is not intended to, and does not, include any
advertisements for legal services that contain dramatizations,
testimonials or endorsements. This site is intended to provide useful,
factual information presented in a non-sensational, objective and
understandable manner. The images and pictures on this site are not meant
to represent or depict actual persons or events, but rather are merely
provided for illustrative purposes only.
This Site is not intended for the purpose of advertising legal services to
be performed in any state solely by the Law Firms, unless they are
specifically licensed to practice in that respective State.
To the extent that this Site does
not comply with the laws or regulations of any jurisdiction in which it
may be received, the Law Firms do not wish to, and will not knowingly,
accept legal representation based on or resulting from the use of the Site
from a person located in that jurisdiction. None of the Law Firms wish to,
or knowingly will, accept legal representation based on or resulting from
the use of the Site from a person located outside the United States.
19. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE
SITE IS PROVIDED SOLELY ON AN "AS-IS/AS-AVAILABLE" BASIS. TO THE
EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AS TO THE RESULTS YOU
MAY ACHIEVE ON ACCOUNT YOUR USE OF THE SITE, AS TO THE RESULTS YOU MAY
ACHIEVE ON ACCOUNT OF ANY RELATIONSHIP YOU ELECT TO CREATE WITH AN
ATTORNEY OR LAW FIRM, AND NON-INFRINGEMENT. NEITHER ADAMS &
ASSOCIATES, P.A. ANY OF ITS LICENSORS OR AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES
REGARDING ANY LAW FIRM, INCLUDING, WITHOUT LIMITATION, ANY LAW FIRM’S
ABILITY TO OBTAIN A FAVORABLE RESULT FOR YOU.
WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE CONTENT
AND SERVICE OF THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE CONTENT AND
SERVICE OF THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE
ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SITE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS.
WE DO NOT GUARANTY THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES
AND WE DO NOT GUARANTY IN ANY SERVICES OR GOODS ASSOCIATED WITH THE SITE
WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE OR GOOD WILL
CONTINUE TO BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
NO INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
20. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS,
GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER
INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SITE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY
SERVICES OR PRODUCTS REQUESTED THROUGH THE SITE OR (vi) ANY OTHER MATTER
RELATING TO THE SITE. IN NO EVENT ARE WE LIABLE TO YOU FOR AN AMOUNT IN
EXCESS OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN QUESTION, IF
ANY.
21. Exclusions And Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20
MAY NOT APPLY TO YOU.
22. Entire Agreement
This agreement constitutes the entire agreement between you and us and
governs your use of the Site, superseding any prior agreements between you
and us. You also may be subject to additional terms and conditions that
may apply when you use or purchase certain other services, affiliate
services, third-party content or third-party software.
23. Choice of Forum
Any disputes arising out or related to use of this Site, this agreement
and/or the relationship between you and us shall be submitted to
arbitration in Chicago, Illinois carried out in accordance with the rules
of the American Arbitration Association.
24. Waiver and Severability of
Terms
Our failure to exercise or enforce any right or provision of this
agreement shall not constitute a waiver of such right or provision. If any
provision of the agreement is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the agreement shall remain in full
force and effect.
25. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of this Site, this
agreement and/or the relationship between you and us must be filed within
one (1) year after such claim or cause of action arose or be forever
barred.
26. Attorney Ethics Notice
If you are an attorney, participating in any aspect of this Site, you
acknowledge that rules of professional conduct apply to all aspects of
your participation and that you will abide by such rules. The rules
include, but are not limited to, the rules relating to advertising,
solicitation of clients, unauthorized practice of law, and
misrepresentations of fact. We disclaim all responsibility for your
compliance with these rules.
27. “What Happens After
Bankruptcy”
Adams & Associates, P.A. provides a forum for
various mortgage lenders, car dealerships and other service providers to
list their contact information within the portion of this Site accessible
behind the link entitled “What Happens After Bankruptcy”. This service
is subject to all limitations and disclaimers set forth elsewhere in this
Agreement. Specifically, and not by way of limitation, Adams &
Associates, P.A. makes no representations or warranties regarding these service providers,
including, without limitation, that they traditionally work with
individuals who have been through a bankruptcy, that they will work with
you or that their products and/or services are competitively priced or
otherwise offered on attractive terms. This portion of this Site is
intended as nothing more than a directory for services providers which
have paid a fee to Adams & Associates, P.A. for inclusion of their listing. Any and
all claims arising out of your use of any service listed in this portion
of this Site shall be limited to the particular service provider with
which you have an issue, and Adams & Associates, P.A. shall not be liable for any
costs, damages or expenses incurred by you on account of your electing to
work with any of the service providers listed on this Site. You agree to
indemnify Adams & Associates, P.A. and its affiliates for any costs, damages or
expenses incurred by it on account of your use of this service.
The section titles in this agreement
are for convenience only and have no legal or contractual effect.
The purpose of this web
site is to help you learn everything you need to know about bankruptcy,
the process, your bankruptcy attorney and your legal rights. The best
place to start is with the U.S. Bankruptcy Code. It delivers protection to
people in financial jeopardy who are suffering under mountains of debt.
Bankruptcy is your legal right.
Main Telephone
Number:
305.824.9800
Main Fax Number: 305.824.3868

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