Due to the low cost nature of the Modest Fee Bankruptcy Clinic, we cannot assist people who have unique or specialized legal issues. Some of these issues require legal analysis so that you achieve your best possible outcome. Some of the issues simply raise problems which must be fully explained to you by an attorney before you decide to go ahead with a Chapter 7 filing.
You have owned or operated a business in the last year.
Your federal income tax return has a Schedule C or K-1.
You are a corporation, partnership, LLC or some other type of business entity.
Your home is worth less than the amount of your first mortgage and you have more than one mortgage.
You own land which is not used as your principal residence.
Your home has more equity than the homestead allowance.
You moved to California within the last 3-1/3 years (1215 days) and claim a homestead of more than $125,000.
You have moved to California within the last 2 years.
You have any non-exempt property.
Your household income exceeds the local median.
You do not have a legal social security or tax ID number.
You have more than $100,000 in unsecured debt.
You sell insurance and receive renewal premium income.
You sell real estate and receive commission income.
You are an entertainer (actor/actress/musician) and receive residual income.
You receive license fees.
You rely on accounts receivable to pay your living expenses.
You are about to receive an inheritance or life insurance proceeds.
You are involved in a divorce or about to file a divorce.
You are not immediately eligible for Chapter 7 under the "means test" passed by Congress in 2005.
You have tax debts which are more than 3 years old.
You are in a Registered Domestic Partnership.
This is not a complete list. The on-site Clinic Director makes the final decision regarding eligibility for the Clinic. If you have already paid for your Chapter 7 case and the Clinic Director determines that you are not eligible for the Modest Fee Bankruptcy Clinic, you will have three choices:
(1) You can receive a full refund on the next business day - but you do not get to keep any of the work we have done on your behalf, or
(2) You can pay for the work we have done thus far, keep the work we have done and receive a partial refund on the next business day, or
(3) We can transfer your work to the Law Offices of David A. Tilem and make an appointment for you to see one of our attorneys.
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