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Terms Of Use/Privacy Policy

THE USE OF PHOENIX.MERNALAW.COM AND SISTER WEBSITES PUBLISHED BY THE MERNA LAW GROUP, PLLC, AN ARIZONA CORPORATION, OR THE MERNA LAW GROUP, P.C., A VIRGINIA CORPORATION, AND LINKED TO THIS PAGE, HEREIN KNOWN AS THE “WEB SITE”, CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE.

PURPOSE OF WEB SITE: This Web Site is a service made available by The Merna Law Group, PLLC (“Provider”). This web site is an advertisement and the materials herein are provided for informational purposes only. The web site materials ARE NOT LEGAL ADVICE. Any representations contained in the web site are intended to be correct, complete and current. None of the representations are promised or guaranteed. This web site is not intended to be a source of solicitation or legal advice; thus, the reader should not consider this information an invitation for an attorney-client relationship, binding relationship or contractual agreement. The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. The use of or reliance on information contained in this web site does not constitute the establishment of a lawyer client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information in this site. Readers should not act or rely upon any information contained in this web site and should always seek the advice of an attorney in the reader’s state. This Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney.

You are granted a non-exclusive, non-transferable, revocable license (1) to access and use the Web Site strictly in accordance with these Terms and Conditions of Use; (2) to use the Web Site solely for internal, personal, non-commercial purposes; and (3) to print out discrete information from the Web Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notices contained therein.

Your license to access and use the Web Site are subject to the following restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted by paragraph 3, 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 Web Site or any information or materials retrieved therefrom; (2) use of any materials from the Web 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 web site or any other materials from the Web Site; (4) use the web site or any materials from the Web Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider, affiliated attorneys or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Web Site; (6) make any portion of the Web Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Web Site; (8) decompile, disassemble or reverse engineer any Web 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 Web Site; (10) use the Web Site for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of Provider’s 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 Web 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 Web Site or any portion thereof, or any software available on or through the Web Site, in violation of the export control laws and regulations of the United States.

Provider does not authorize the use of the Web Site for purpose of gathering information for or transmitting unsolicited bulk commercial email over the Internet to Listees, affiliated attorneys or other third parties. Internet email sent to or through Provider’s computer systems or to Listees, affiliates or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Provider’s computer systems is strictly prohibited. Email that is relayed to or through the Provider’s computer systems from a third party’s mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. Provider prohibits anyone from sending email to or through its computer systems that violates these Terms and Conditions of Use. Provider prohibits the harvesting of email addresses from the Web Site for the purpose of sending unsolicited bulk commercial email.

Information contained on or made available through the Web Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship, legal contract or warranty is formed. Nothing submitted to this Web Site is treated as confidential. Provider does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Web Site. Your use of information on the Web Site or materials linked from the Web Site is entirely at your own risk. Any arrangements subsequently made by you and any lawyer or law firm are strictly between you and such party and do not involve Provider in any way.

Except for the limited license contained above, nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site and its content belong to Provider, its licensors, or Listees, as applicable.

This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in any advertiser’s or sponsor’s materials.

Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide Provider with accurate, complete registration information. Your registration must be done using your real name and accurate information, even if the feature permits you to post a question anonymously or interact using a screen name. It is your responsibility to inform Provider of any changes to that information by emailing.

Each registration is for your personal use only, unless specifically designated otherwise on the registration page. Provider does not permit (a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing.

Provider does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or content of the Web Site at any time.

Third-party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes 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 Web 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 nor does it reflect the belief of Provider.

DISCLAIMER. THE WEB SITE IS PROVIDED ON AN “AS IS ” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.

PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT; AND (B) YOUR PARTICIPATION IN A CHAT ROOMS, MESSAGE BOARDS OR EMAIL FORUMS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00. FOR THE PURPOSE OF ANY LEGAL DISPUTE IT IS AGREED THAT THE CONTRACTUAL LEGAL VENUE WILL BE THE CITY OF PHOENIX, ARIZONA.

Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold harmless Provider from any third party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to your violation of these Terms and Conditions of Use, your use of the Web Site, or your violation of any rights of a third party.

Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the Provider’s Web Sites and their features.

These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of Arizona and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Arizona and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.

Your use of the Web Site is also subject to Provider’s Privacy Policy, which is locate below.

These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Web Site, including the Privacy Policy, and constitute the entire agreement between you and Provider with respect to access to and use of the Web Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Provider reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes.

Privacy Policy – The Merna Law Group, PLLC and Phoenix.Mernalaw.com and it’s affiliates, including vanity URL’s owned by either The Merna Law Group, PLLC or The Merna Law Group, PC, respects the privacy and security of its online users. The mission of Phoenix.MernaLaw.com. is to assist online users to get high quality, affordable and convenient legal services.

What Information Is Collected By Phoenix.MernaLaw.com?
Phoenix.MernaLaw.com. collects certain information from and about its users in three ways — directly from the user, from our Web server logs, and with cookies.

When you enter data on our web site this information is stored and used to assist in responding to your request.  This information may be shared with affiliates of the firm or third parties in order to ultimately connect the user with a legal service provider. The user retains control of the information provided by not providing information they do not wish to share. Limiting the information provided may also limit the services available.

Additionally, IP (Internet Protocol) addresses are collected when the user visits the site, which include the time of the visit, referring location, and tracking information.  Also, at times a verification may be received that you have received and opened a e-mail.

When you visit any website, including Phoenix.MernaLaw.com and other URL owned and supported by The Merna Law Group, PLLC or The Merna Law Group, PC, cookies are stored on your web browers and can later be accessed. These cookies assist in providing additional advertising exposure to you.  Your use of this site expressly accepts these cookies.  Should you wish to not participate in such advertising please discontinue the use of the site and opt-out by visiting http://www.networkadvertising.org/choices/#completed. In the event that you opt-out of such advertising practices you are advised not to return to the sites.  Your license is expressly revoke to use the site for any future communication or investigation.

The Merna Law Group, PLLC cannot ensure or warrant the security of any personal information you transmit to us.  Ultimately, you are responsible for maintain the security and secrecy of any information you do not wish to disclose including any passwords or personal account information.

 

How and When Information Is Used?
The Merna Law Group, PLLC uses the information collected to provide legal services to users and/or connect the user with affiliates or third parties who may be more local or qualified to assist the user in achieving their legal goals.

When you submit information to Phoenix.MernaLaw.com and it’s affiliate websites or to the staff or attorneys of The Merna Law Group, PLLC in any electronic or internet source. you agree to allow us to send your information to attorneys who may be better located or better experienced to assist the client. Affiliated attorneys and third party attorneys may have different privacy and data collection policies. The Merna Law Group, PLLC has no control and accepts no liability for the policies and procedures of their affiliates and warns all users to stay current on the terms of use and privacy policy of each individual they interact with through affiliation or referral by this website.

Information provided to The Merna Law Group, PLLC will be used to respond to your inquires and contact you regarding our services and those of our affiliates and third parties.  The Merna Law Group,PLLC may send you targeted promotional material to inform you of services you may be interested in.  You may opt out of receiving this information by notifying us by e-mail at jmerna@mernalaw.com  or by mail to The Merna Law Group, PLLC. Attn: Marketing Department, 3623 Virginia Beach Boulevard, Virginia Beach, VA 23452.

The Merna Law Group, PLLC  reserves the right to sell, rent or distribute the information gathered or use it for any other lawful purpose. In addition, this information may be shared with affiliated web and legal partners.

The Merna Law Group, PLLC may also disclose your information in special cases when we believe release is appropriate to comply with the law or a subpoena, to enforce or apply our Terms of Use and other agreements, or to protect the rights, property, or safety of The Merna Law Group,PLLC, our staff and attorneys, our Users, or others.

In the event of the sale or transfer of any or all assets of The Merna Law Group, PLLC all information including information collected from users will be sold and/or transferred as a business asset.

If you should have any questions or comments please direct them to jmerna@mernalaw.com.

MALWARE & VIRUS WARNING: The Merna Law Group, PLLC takes reasonable precautions to maintain this website free of malware, viruses and other potentially infectious internet software that might spread to users.  However, The Merna Law Group, PLLC does not warrant the safety of any hardware or software assessing this website and provides this website “as-is”. All users are advised to use anti-virus and anti-malware software when accessing this website or any other.  Users disregard this advice at their own risk.

CONSENT TO CONTACT:

As terms of the use of this site, which includes any forms submissions, contact information, or any use of the information on this site, you agree to accept contact from The Merna Law Group, PLLC, it’s employees, agents affiliates via any communications method whether provided directly to The Merna Law Group, PLLC or via a third party agent or affiliate of The Merna Law Group, PLLC to include e-mail, voice contact, chat communications, text message, postal mail, and any other electronic method.  Where possible compliance with the CANN-SPAM Act will provide opt-out options to terminate any contact.  You further agree that such opt-out options are not required.  You agree to use opt-out options provided in the communication.  However, in the event such opt-out options are not included in the communications you may opt-out by sending a communication directly to jmerna@mernalaw.com with the subject line “Opt Out”.  You further acknowledge that many of the communications may be advertising related or include advertising information.  You acknowledge and agree that you have been informed that all communications between The Merna Law Group, PLLC and yourself may include advertising and/or marketing material for our services or that of our affiliates.  As terms of use of this site you acknowledge that you have been informed that all materials on this site, including blogs, and any communications generated are “LEGAL ADVERTISEMENT” and waive any further notice of this fact. Additionally, by providing your contact information to The Merna Law Group, PLLC via the use of this site or site information you consent to the terms and condition and to further marketing and non-marketing communications by The Merna Law Group, PLLC and it’s affiliates.

 

BANKRUPTCY DISCLOSURES:

Users considering bankruptcy acknowledge the receipt of the following disclosures as a condition of use of this website:

Notice to Individual Consumer Debtors 

Pursuant to 11 U.S.C. Section 342(b)  

Types of Bankruptcy  

Chapter 7 – Liquidation 

Chapter 7 is designed for debtors who are having financial difficulties and are not able to re-pay their debts.

If your current monthly income is above the State Median Income you will be required to perform a Means Test to determine if you are eligible for this type of bankruptcy relief.  If you do not meet the requirements of the Means Test then you may be precluded from filing a Chapter 7 and have the option of converting to Chapter 13 or filing a Chapter 13.

Under Chapter 7 a Trustee takes possession of all your property. You may claim certain property as exempt under Arizona law.  A copy of the Arizona Exemption Law is attached to this notice.  You can only exempt the value of property that is not subject to the liens of your creditors. The Trustee then liquidates the non-exempt property and uses the proceeds to pay off your creditors according to priorities of the Bankruptcy Code.

The purpose of filing a Chapter 7 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, your discharge may be denied by the Court, and the purpose for which you filed the bankruptcy petition will be defeated.

Even if you receive a discharge, there are some debts that are not discharged under the law.  Therefore, you may still be responsible for such debts as certain taxes and student loans, alimony and support payments, criminal restitution, and debts for death or personal injury caused by driving while intoxicated with alcohol or drugs.

Under certain circumstances you may be able to keep property that you have purchased subject to a valid security interest. Some of these options include what is called redemption and the renewal or reaffirmation of an existing pre-bankruptcy debt.  Your attorney can explain the options that are available to you.

Chapter 13 – Repayment of All or Part of the Debts of an Individual with Regular Income  

Chapter 13 is designed for individuals with a regular and stable source of income who are temporarily unable to pay their debts but who desire to use their best efforts and good faith to pay them in installments over a period of time subject to the protections afforded by the Chapter 13 rules.  You are only eligible for Chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code.

Under Chapter 13 you must file a plan with the Court to repay your creditors all or part of the money that you owe them, using your future earnings or by the disposition and/or abandonment of certain collateral such as land and motor vehicles. You are protected from your creditors in most case upon the filing of your case but your plan must be approved by the Court before it can take effect.

Under Chapter 13, unlike Chapter 7, you may keep all of your property, both exempt and non-exempt, as long as you continue to make payments under the plan.

After completion of payments under the plan, your debts are discharged except for any domestic support obligations, student loans, and certain taxes, among others.

Chapter 11 – Reorganization 

Chapter 11 is designed primarily for the reorganization of businesses but is also available to consumer debtors.  Its provisions are quite complicated, and any decision for an individual to file a Chapter 11 petition should be reviewed with an attorney.   Most Chapter 11 cases are simply too expensive for the great majority of consumer debtors.  Most individuals are aware of the high profile Chapter 11 cases that have been filed in recent years by many of the commercial airlines.  

Chapter 12 – Family Farmer  

Chapter 12 is designed to permit family farmers to repay their debts over a period of time from future earnings and is in many ways similar to a Chapter 13.  The eligibility requirements are restrictive, limiting its use to those who whose income arises primarily from a family owned farm.

Credit Counseling

Reputable credit counselors can advise you on managing your money and your debts. They may also be able to develop a plan to repay your debts.  But, most credit counselors are not reputable and charge high fees and contributions that will cause you to fall deeper into debt.  Furthermore, many misrepresent their non-profit status and/or their affiliations with religious or charitable organizations. The Merna Law Group, PLLC only recommends that a person seek the credit counseling services of a group that has been approved by the United States Trustee Department or the Bankruptcy Administrator.

Honesty is Required 

A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury in connection with a case under this the bankruptcy code shall be subject to fine, imprisonment, or both and all information supplied by a debtor in connection with a case under this title is subject to examination by the Attorney General.

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER

Required by Bankruptcy Code Section 527(b).

If you decide to seek bankruptcy relief, you should be advised that you can represent yourself in all matters connected with the bankruptcy. If you decide to seek bankruptcy relief, you should be advised that you can hire an attorney to represent you. If you decide to seek bankruptcy relief, you should be advised that in some areas you may hire a bankruptcy petition preparer who is not an attorney.

THE LAW REQUIRES AN ATTORNEY TO GIVE YOU A WRITTEN CONTRACT SPECIFIYING WHAT THE ATTORNEY WILL DO FOR YOU AND HOW MUCH IT WILL COST.  ASK TO SEE THIS CONTRACT BEFORE YOU HIRE AN ATTORNEY. 

Although bankruptcy cases can be complex, many of the procedures and cases are routine. Before filing a bankruptcy case, 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 beneficial to 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 is filed, you will have to attend a first meeting of creditors where you will be questioned under oath by a court official called a “trustee”.  At this meeting you may also be questioned by your creditors.

If you chose to file a Chapter 7 case, you may be asked 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 chose to file a Chapter 13 case in which you repay your creditors what you can afford over a 3 to 5 years, you may also want help with preparing your Chapter 13 plan and with the confirmation hearing on your plan which will be before a Federal 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.

Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court.  BE AWARE– Only an attorney can give you legal advice and can represent you in court.

Notice Mandated by Section 527(a) 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 a petition and thereafter, while your case is pending must be complete, accurate and truthful.

2. All of your assets and all of your liabilities must be completely and accurately disclosed in the documents filed to commence your case.

3.  Some places in the bankruptcy code require you to determine and list the replacement value of an asset, for instance 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 case, without deduction for costs of sale 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.

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 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.

 

DEBT ASSISTANCE INITIAL CONSULTATION AGREEMENT

1. The client desires to obtain advice and assistance with debt issues and relief from debt and has scheduled an initial consultation with The Merna Law Group, PLLC  This initial consultation with an attorney is free of charge.  The client understands that in order for the attorney to give meaningful advice, certain detailed financial information must be provided fully and accurately. The client agrees to give accurate, honest, full and fair disclosure of financial information concerning average income over the previous 6 months from all sources, monthly living expenses, the type and amount of all debts (including names and addresses of all creditors), and a disclosure of all assets and property owned by the client.

2. 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 initial consultation will consist of a review of the client’s current monthly income, completion of a monthly budget of regular expenses, preliminary analysis of qualifications for certain chapters of bankruptcy, a preliminary analysis of the client’s debt statements and a recommendation.

3. The initial half-hour consultation and interview will be performed by an attorney free of charge.  In the event that the client decides to file a bankruptcy case, a new written agreement must be signed by the client and the attorney which will supersede this agreement relating to attorney fees and expenses. This new agreement will also provide a detailed explanation of the services performed or to be performed by The Merna Law Group, PLLC

4. ALL INFORMATION PROVIDED BY THE 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.

DISCLAIMER REGARDING CREDIT RECOVERY PROGRAM AND OTHER SERVICES-

The Merna Law Group, PLLC reserves the right to withdraw, change, or modify any services at any time offered through this website or other advertising media which are not specifically addressed in the retainer contract signed with this firm.  A users is not entitled to any services advertised without a specific written agreement signed with an authorized agent of The Merna Law Group, PLLC.  The Merna Law Group, PLLC does not warrant, guarantee, assert the effectiveness of their credit recovery program.  This program is delivered “as-is”.  The Merna Law Group does support effective measures to speed the increase in your credit score after the filing of a bankruptcy.  However, given the multitude of factors effecting a credit score The Merna Law Group does not warrant any outcome.  Users agree to arbitration regarding any claim by a third-party arbitration service or individual qualified in arbitration and selected by The Merna Law Group prior to any legal action.  This does not apply in the event of a fee dispute or collection of unpaid fees.

 

STUDENT LOAN DEBT:

Any debt, including student loan debt, may have a tax liability if the full balance is settled, forgiven, or deemed uncollectable by the holder of the debt.  You should consult a tax professional to determine if you will have tax liability.  The Merna Law Group, PLLC does not provide this information as part of their analysis.

Any representations with regards to resolving your student loan debt assumes that YOU will diligently review the status of every student loan annual and submit the necessary extensions and updates to continue the programs you are enrolled in.  Our services to not extend to subsequent year maintenance, reminders, updates, or resubmission unless a specific retainer is executed to  retain us for those services.

In many situations you have to recertify each year that you qualify for a payment status.  If you change your tax filing status, earn more money, reduce your family size, etc. your eligibility for the monthly payment we negotiate may not continue.  Please consult us before any changes that may effect you renewing the program and payment we assist you in qualifying for.

As of 2014, if you default on your student loan debt you will be assessed an additional penalty of 18.5%.

W are not offering debt settlement or credit repair.  We are offering a Student Loan Debt Management Program.

You should be aware that your security clearance can be denied or not renewed if your student loans are in default.

While we may assist clients with student loan debt outside the state of Arizona as an administrative task, we are not attempting to provide legal advice regarding state specific issues and are not intending to practice law or advertise the practice of law in any other state than Arizona.

No attorney-client relationship is created or intended without a signed retainer agreement with all parties signatures.  In the event there is a co-signer on any loan being address, we do not represent or warrant that the co-signer will not suffer negative consequences based on the resolution we are suggesting.

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Attorney John G. Merna is designated as the person responsible for the content of this site in compliance with the Arizona State Bar rules.  Any term or condition listed is applicable to the user of this site with the assumption they are not clients.  Any term or condition listed herein which is not consistent with the rules and guidelines of the Arizona State Bar will be considered not applicable to any client upon the signing of a retainer agreement with The Merna Law Group, PLLC.

In the event an attorney-client relationship is established, nothing contained in this Terms of Use, Disclaimer or otherwise advertised on this website shall constitute a waiver of liability for legal malpractice or the application of the Arizona Rules of Professional Conduct.

 

 

 

 

 

 

 

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