DISCLAIMERS AND PRIVACY POLICY
BK ParaDox™ is a publisher of do-it-yourself bankruptcy written materials. We are not a bankruptcy petition preparer and all bankruptcy form preparation must be solely performed by the consumer using official unaltered bankruptcy forms. This site includes materials provided under license and permission from Nolo and Springboard® in regard to their forms, materials and services. No software programs are used on this site to interpret any information used by the consumer, nor is there any reformatting or reorganization of the information imputed by the consumer for their own use. We are not performing any independent function advising consumers as to their particular case or circumstances. We are not providing any advice as attorneys and no attorney-client relationship is formed by the use of this website as a consumer resource. No questions regarding law or legal procedure will be responded to by BK ParaDox™, its employees, agents or affiliates. All information provided by Nolo in its book, How to File for Chapter 7 Bankruptcy by Attorney Stephen R. Elias, Albin Renauer, J.D. & Robin Leonard, J.D or other materials on this site are for general information and consumer access purposes only.
Participating attorneys have given consent to provide a financial credit to any individual who attempts to prepare their own bankruptcy on this site. If the consumer determines, at any point, that they prefer to be represented by an attorney in their bankruptcy, these participating attorneys shall provide such credit for the full amount expended by the consumer on this site towards their specific legal fees. Any credit provided by any attorney in regard to their legal fees solely involves the financial relationship between the consumer and the attorney. There is no division of such legal fees between these attorneys and the owners of this site.
It is unclear under current law whether this site is considered a “debt relief agency” as it is a publisher of information. However, if it is so determined, the following notice is provided:
We are a debt relief agency. We help people file for bankruptcy under the bankruptcy code.
The following information is provided in regard to requirements for debt relief agencies. Please note that any payment made using credit of any form in anticipation of a bankruptcy may possibly be not dischargeable debt. Therefore, if a consumer uses their own credit to pay for the services on this website, it is possible that the specific payment of $199 may not be dischargeable in their bankruptcy, if challenged by an appropriate creditor. No advice is rendered here nor can be given in regard to how a consumer pays for this service. Seek the advice of an attorney if you have question regarding any debt.
Requirements for Debt Relief Agencies
The Bankruptcy code, amended by The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, places extensive requirements on debt relief agencies and subjects those who do not comply with substantial penalties.
What is a "debt relief agency"?
A "debt relief agency" is a person who, for compensation, provides bankruptcy assistance to a person who owes debt incurred primarily for personal, family, or household purposes, and has less than $ 164,250 in non-exempt assets. The bankruptcy petition preparer is specifically included in the definition of a debt relief agency without regard to the nature or amount of the debt; the debtor's attorney is not specifically included, but would be included by the definition, subject to the requirements for nature of debt and amount of non-exempt assets. [11 USC § 101(3), (8), (12A)]
Restrictions on debt relief agencies. 11 USC § 526(a), prohibits debt relief agencies from taking certain actions:
Failing to perform services. An agency may not fail to perform any service which it informed the debtor that it would provide in connection with a Bankruptcy case. [11 USC § 526(a)(1)]
Making an untrue and misleading statement. An agency may not make any untrue and misleading statement in a document filed in a Bankruptcy, or make a statement which, upon the exercise of reasonable care, should have been known by the agency to be untrue or misleading. [11 USC § 526(a)(2)]
Counseling or advising the debtor to make untrue and misleading statements. An agency may not counsel or advise the debtor to make any untrue and misleading statement in a document filed in a Bankruptcy. [11 USC § 526(a)(2)]
Misrepresent services, benefits or results. An agency may not directly or indirectly, affirmatively or by material omission make a misrepresentation with respect to:
- the services that the agency will provide, or
- the benefits and risks that may result in filing Bankruptcy.
[11 USC § 526(a)(3)]
Advising to incur debt. An agency may not advise a person contemplating the filing of a Bankruptcy to incur more debt in contemplation of filing bankruptcy, or to pay an attorney or bankruptcy petition preparer fee or charge for Bankruptcy services. ] [11 USC § 526(a)(4)]
Notices and disclosures. A debt relief agency must give the following notices and disclosures:
Bankruptcy court clerk notice. The agency must provide the debtor with the written notice of the clerk of the court which contains brief descriptions of:
- chapters 7, 11, 12, and 13 and the general purpose, benefits, and costs of proceeding under each of those chapters; and
- the types of services available from credit counseling agencies.
[11 USC §§ 527(a)(1), 342(b)(1)]
The agency must retain this notice for 2 years from the date that the notice is given. [11 USC § 527(d)]
The court clerk is required to give this notice "before the commencement of a case" under 342(b)(1), but no date is given in 527(a)(1) for a debt relief agency to provide that same notice, and we have been unable to locate any other section specifying when the agency must give the notice.
[Printable bankruptcy clerk notice provided in the District of Arizona.]
Additional written notice. An agency must provide the following information to the debtor, to the extent that the Bankruptcy court clerk's notice does not provide it:
- all information is required to be complete, accurate, and truthful; [11 USC § 527(a)(2)(A)]
- all assets and all liabilities are required to be completely and accurately disclosed; [11 USC § 527(a)(2)(B)]
- the replacement value of each secured asset must be stated where requested after reasonable inquiry to establish that value; [11 USC §§ 527(a)(2)(B), 506]
- the debtor must disclose, after reasonable inquiry, his or her current monthly income, and the amounts specified to determine whether a case satisfies the means test under 11 USC § 707(b)(2), Those amounts include:
- debtor's nonpriority unsecured claims;
- debtor's monthly expenses;
- actual expenses paid by the debtor for care and support of an elderly, chronically ill, or disabled household member or member of the debtor's immediate family;
- expenses of administering a chapter 13 plan;
- expenses to attend a private or public elementary or secondary school for each dependent child less than 18 years of age;
- housing and utilities expenses if in excess of IRS Local Standards;
- average monthly payments on account of secured debts; and
- expenses for payment of all priority claims (including priority child support and alimony claims).
- in a case under chapter 13 of this title, the debtor must disclose after reasonable inquiry, his or her disposable income (determined in accordance with section 707(b)(2)), which are required to be stated after reasonable inquiry; and [11 USC § 527(a)(2)(C)]
- information may be audited, and failure to provide information may result in dismissal of the case or other sanction including a criminal sanction. [11 USC § 527(a)(2)(D)]
The agency is required to provide this notice within 3 business days after the first date that the debt relief agency first offers to provide any bankruptcy assistance services. [11 USC § 527(a)(2)] The agency must retain this notice for 2 years from the date that the notice is given. [11 USC § 527(d)]
Specific written statement. A debt relief agency must provide the written statement titled "IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER" which is set forth in 11 USC § 527(b). The statement shall be clear and conspicuous and shall be in a single document separate from other documents or notices which the agency provides. [11 USC § 527(b)]
§ 527(b) requires that the agency give this notice at the same time that is is required to give the Bankruptcy Court Clerk Notice (described above), but as far as we can determine, gives no time at which that notice must be given.
[Printable 527(b) Statement.]
Document preparation information. The debt relief agency must give the debtor "reasonably sufficient information (which shall be provided in a clear and conspicuous writing) to the assisted person on how to provide all the information the assisted person is required to provide" for the documents required by 11 USC § 521, which include the list of creditors, schedule of assets and liabilities, schedule of current income and current expenditures, and statement of the debtor's financial affairs. That information must include:
- how to value assets at replacement value, determine current monthly income, the amounts specified for the means test in section 707(b)(2) and, in a chapter 13 case, how to determine disposable income in accordance with section 707(b)(2) and related calculations;
- how to complete the list of creditors, including how to determine what amount is owed and what address for the creditor should be shown; and
- how to determine what property is exempt and how to value exempt property at replacement value as defined in section 506.
§ 527(c) requires that the agency give this notice at the same time that is is required to give the Bankruptcy Court Clerk Notice (described above), but as far as we can determine, gives no time at which that notice must be given.
[11 USC § 527(c)]
Written contract for services. A debt relief agency must execute a written contract with the debtor:
Contents. The contract must clearly and conspicuously explain:
- the services such agency will provide;
- the fees or charges for such services; and
- the terms of payment.
When provided. The contract must be executed not later than 5 business days after the first date on which such agency provides any bankruptcy assistance services to an assisted person, and prior to the filing of the bankruptcy petition.
Copy. The debt relief agency must provide the assisted person with a copy of the fully executed and completed contract.
[11 USC § 528(a)]
Advertising requirements.
Disclosure that services are for bankruptcy. A debt relief agency must clearly and conspicuously disclose in any advertisement directed to the general public that the services or the benefits offered are with respect to bankruptcy relief. Advertising requiring the disclosure includes:
- advertisements in general media, seminars or specific mailings, telephonic or electronic messages, or otherwise; [11 USC § 528(a)(3)]
- descriptions of bankruptcy assistance in connection with a chapter 13 plan whether or not chapter 13 is specifically mentioned in such advertisement; and [11 USC § 528(b)(1)(A)]
- statements such as "federally supervised repayment plan" or "Federal debt restructuring help" or other similar statements that could lead a reasonable consumer to believe that debt counseling was being offered when in fact the services were directed to providing bankruptcy assistance with a chapter 13 plan or other form of bankruptcy relief. [11 USC § 528(b)(1)(B)]
Debt relief agency statement. A debt relief agency must clearly and conspicuously include in advertisements the following statement (or a substantially similar statement):
"We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code."
[11 USC § 528(a)(3) & (4), 528(b)]
Sanctions
Unenforceable contract. If a contract for bankruptcy assistance between a debt relief agency and an assisted person does not comply with the material requirements of this is void. It cannot be enforced by or on behalf of the debt relief agency. It can, however, be enforced by the assisted person. [11 USC § 526(c)(1)]
Liability for fees received, actual damages, attorneys' fees. A debt relief agency is liable to the assisted person for:
- the amount of any fees or charges in connection with providing bankruptcy assistance to such person that such debt relief agency has received;
- actual damages; and
- reasonable attorneys' fees and costs.
The penalties are to be imposed if, after notice and hearing, the court finds that the debt relief agency has:
- intentionally or negligently failed to comply with any provision of sections 526, 527, or 528 (described above) with respect to the assisted person bankruptcy case;
- intentionally or negligently failed to file any required document (including those specified in section 521), which resulted in the dismissal of the case or its conversion to a case under another chapter; or
- intentionally or negligently disregarded the material requirements of the bankruptcy code or the Federal Rules of Bankruptcy Procedure applicable to such agency.
[11 USC § 526(c)(2)]
Actions by State law enforcement. In addition to any state law remedies, the code specifically authorizes state agencies to:
- bring actions to enjoin violations;
- bring actions on behalf of its residents to recover the actual damages; and
- recover the attorneys' fees and costs of successful actions.
[11 USC § 526(c)(3)]
Actions by the court, United States Trustee, or the debtor. Where a debt relief agency intentionally violates section 526 or engages in a clear and consistent pattern or practice of violating the section, the court may, on its own motion or on the motion of the United States Trustee or the debtor:
- enjoin the violation of such section; or
- impose an appropriate civil penalty against such person.
[11 USC § 526(c)(5)]
PLEASE READ THE FOLLOWING TERMS OF SERVICES & LEGAL NOTICES ("THIS AGREEMENT") CAREFULLY BEFORE USING THE BK ParaDox™ website ("Site") 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. BK ParaDox™ 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.
IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER.
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.
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 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.
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.
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.
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.
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: 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.
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.
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.
Notice of Required Accuracy
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.
Fraud and Concealment
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.
Acknowledgement and 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
This website provides self-help resources, 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. Neither BK ParaDox™ nor any of its licensors provides legal advice. (although a licensor may provide legal advice to you in the event you engage such licensor to serve as your legal counsel). Although we attempt to stay current and accurate, 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 attorney-client relationship between you and any attorney, employees, agents or affiliates. Additionally, the receipt of an e-mail from or a blog post on the Site does not create an attorney-client relationship. You agree that any claim arising out of your relationship with any attorney or law firm shall be brought solely against such attorney or law firm and BK ParaDox™ is solely a resource of various tools to assist in your self-help Chapter 7 bankruptcy.
YOU SHOULD NOT ACT OR RELY ON THE BASIS OF ANY INFORMATION ON THE SITE WITHOUT SEEKING AND RETAINING THE ADVICE OF AN ATTORNEY.
Without limiting the generality of the foregoing, we are not responsible for any content, communications, information, or other materials posted, submitted, communicated, shared, discussed or otherwise generated through blogs, discussion boards, or other public areas of the websites ("User Generated Content"), nor do we guarantee its truthfulness, accuracy or completeness. Any actions you take or do not take based on or related to User Generated Content are solely at your own risk.
Third-Party Websites
The websites, including User Generated Content, may contain links to third party websites. These links are provided only as a convenience to the recipient. We do not control and are not responsible for any linked third-party websites, and their policies and practices may not be consistent with these Terms of Use or our Privacy Policy. Further, we do not necessarily endorse any of these third-party websites. If you use any third-party links, you do so at your own risk, and should check their terms of use and privacy policies before accessing or using them.
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As part of this process, you may be asked to select a unique username and password or provide other information. You are responsible for and must keep your account password secure, and you must notify us immediately of any unauthorized use of your account.
In any event, you alone are responsible for any activity using your account. The site will not be liable for any losses caused by any use of your account, authorized or unauthorized, but you may be liable for the others’ losses due to such use.
User Generated Account
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You are solely responsible for the User Generated Content and your failure to comply with the foregoing.
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In accessing or using the websites, you affirm that you (i) are more than 18 years old, or an emancipated minor, or possess legal parental or guardian consent, (ii) are fully able and competent to understand and enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and our Privacy Policy, and (iii) agree to comply with these Terms of Use and our Privacy Policy. In any case, you acknowledge that the websites are not intended for children under the age of 13, and affirm that you are more than 13 years old. Please do not use the websites if you are under the age of 13, and talk to your parents or guardian about which websites you can visit.
Entire Agreement; Severability; No Waiver
These Terms of Use incorporate by reference any notices contained on the websites and, with our Privacy Policy and any end-user license agreements, constitute the entire agreement regarding your access to and use of the websites. If any provision of these Terms of Use or our Privacy Policy is unlawful, void or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. Our failure to enforce any provision on any occasion is not and should not be construed as a waiver of such provision.
Governing Law; Jurisdiction
These Terms of Use and our Privacy Policy are to be governed by and construed in accord with the laws of the state of Colorado, without regard to choice of law principles, and U.S. federal and state courts located in the state of Colorado are the exclusive forum and have sole jurisdiction for any dispute.
Claims of Copyright Infringement and the Digital Millennium Copyright Act
We are committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements.
We are committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements.
- your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
- identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;
a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law.
Privacy Policy
This Privacy Policy and our Terms of Use set forth the conditions under which you may access and use the websites. By accessing and using the websites, you agree to be bound by our Privacy Policy and Terms of Use then in effect and by all applicable law. If you do not agree with any of the Terms of Use or our Privacy Policy, you should not access or use the websites for any purpose. We reserve the right to terminate or limit your access to the websites for any violation of the Terms of Use or our Privacy Policy, or for any other reason, in our sole discretion.
Information we Collect
Our websites generally collect your personally identifiable information for your own use when you voluntarily submit it through any of the websites.
We also may collect non-personally identifiable information when you access and use our websites. We are not responsible for the data collection, privacy practices or policies of any third-party websites that we may link to or that may link to our websites. We encourage you to read the privacy policy of every website you visit.
Cookies
Like many other websites, we use cookies for various reasons. Cookies are bits of text that are placed on your computer’s hard drive when you visit certain websites. We use cookies to tell us, for example, whether you’ve visited us before or if you’re a new visitor, and to help us understand what areas of the websites are of greatest interest to you. Cookies also may enhance your online experience by saving your preferences and password so you do not have to re-enter this information each time you visit our websites. Cookies are not used to identify you and will not collect personally identifiable information.
Most web browsers automatically accept cookies, but you can configure your browser to stop accepting new cookies, to notify you when you a new cookie is received, and to disable existing cookies. If you choose to disable cookies in your browser, however, you may not be able to take full advantage of all our websites’ features.
How Do We Use and Share Your Information
By submitting information, including personally identifiable information, to our websites, you (i) consent to our use and disclosure of such information in any manner permitted by law, and (ii) acknowledge that you have no expectation of privacy, confidentiality, or privilege in it.
Specifically, but without limitation, you consent that any information you submit to the Firm, other users, and other third-parties over the websites may be collected, used, shared, sold, or disclosed to:
- assist you in the preparation and requirements of your bankruptcy.
Furthermore, any communication, material or content you submit, post or access on an interactive discussion board, blog, other public area, or other interactive function on the websites is a public or other non-private communication, and may be viewed by the general public and/or by the other website users to whom you share or provide it.
In addition to the foregoing, we may release your personally identifiable information to law enforcement, governmental authorities, or third parties if (i) required to do so by law, search warrant, subpoena, court order, or other legal process, (ii) requested by law enforcement or other governmental authorities, in our discretion, or (iii) we otherwise have a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of our BK ParaDox™ or third parties.
We make reasonable efforts to protect personally identifiable information that you submit over the websites from loss, misuse, and unauthorized access, disclosure, alteration and destruction, which may include the use of firewalls and other security measures on our servers. However, the Firm does not warrant or represent that its level of security meets or exceeds any particular standard, and no server or internet transmission is ever 100% secure or error-free. You should take this into account when submitting personal or confidential data on any websites, including ours. Similarly, any information that you send us in an e-mail message or other form through the websites is not confidential or privileged, and may be subject to applicable disclosure and reporting requirements, as required by law.
The websites are general audience websites with content directed primarily at individuals over the age of 18 and are not directed at children under the age of 13. We do not knowingly collect personally identifiable information from children under the age of 13. If you are under the age of 13, please do not provide personally identifiable information of any kind whatsoever.
In the event of a corporate change in control resulting from, for example, a sale to, or merger with, another entity, we may transfer your personally identifiable information to the new party in control.
Modifications to the Site
BK ParaDox™ reserves the right, in its sole discretion, to modify or otherwise update this policy at any time and you agree to be bound by such modifications or updates. We will notify you of material changes to this privacy policy by posting the revised policy with the date it was revised on this page. Your continued use of our websites constitutes your agreement to this privacy policy and any updates. We encourage you to periodically review this privacy policy to stay informed about how we are protecting the personally identifiable information we collect.
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 information submitted by you and others may be lost. You agree to keep a permanent record of all information provided to us, and you agree that all information submitted to us is at your sole risk. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site including without limitation messages and other communications. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Participation in the Site
By submitting information to, reading, participating, or otherwise using the Site, you agree that you will abide by the following rules:
The Site may only be used in good faith and may not be used to transmit or otherwise make available any information that is false or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), to threaten, abuse, harass, or invade the rights of any person or entity, to infringe on any person or entity's intellectual property rights, or in any other way that could reasonably be deemed unethical, illegal, or offensive.
You may not misidentify yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (e.g., pretend to be a different person or from a different company or organization).
Unless you have our prior written consent, you will not post advertisements or promotional materials, solicit participants and/or visitors of the Site, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or its Services, use of the Site or it Services, or access to the Site or its Services.
You are prohibited from using any type of computer "worm," "virus" or any other device that is intended or is likely to disrupt, overload, or otherwise impair the workings of any part of the Site. If you do engage in such conduct, the resulting damage will be hard to quantify as a dollar amount and thus you hereby agree to pay us liquidated damages in the amount of $5,000 for each day that the Site is damaged until the Site is completely repaired. This amount is derived by estimating the value of (1) the loss of good will caused by an inoperable site, and (2) the time and money it will take to repair the Site and to address the concerns of visitors. We are required to use reasonable efforts to repair the Site as quickly as possible. This clause will not prohibit us from seeking additional compensation if your conduct injures us in a way not expressly contemplated herein.
You are not permitted to collect or store personal data about other users.
You are not permitted to access the Site for the purpose of data mining or extracting content from the Site beyond your personal end use.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site.
You agree to not harm minors in any way.
You shall not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
In the event you submit information through the Site, you agree to provide true, accurate, current and complete information and agree to promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, and/or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your participation in the Site and/or refuse any and all current or future use of the Site or its services (or any portion thereof).
You understand and agree that all information, statistical data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicly posted or privately transmitted by you and other users of our service, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site. We do not control all of the Content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or 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 otherwise transmitted via the Site.
You acknowledge that we may or may not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to prescreen, refuse, or move any Content that is available via the Site. Without limiting the foregoing, we and our designees shall have the right (but not the obligation) to remove any Content that violates this agreement or is otherwise objectionable.
Intellectual Property Rights
You acknowledge and agree that the Site and any necessary software used in connection with the Site may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except for the limited license contained in paragraph 8 below, nothing in these Terms and Conditions 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 Site and its content belong to us, or our licensers, as applicable. No part of the materials including graphics or logos, available in this Site may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission. Except as expressly authorized by us, you further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the software, in whole or in part.
Limited License; Permitted Uses
You are granted a non-exclusive, nontransferable, revocable license (1) to access and use the Site strictly in accordance with these Terms and 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.
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 BK ParaDox™ 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.
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.
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 BK ParaDox™ account or password, with your knowledge.
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.
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.
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.
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.
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.