HOW THE LAW OFFICES OF STEVEN A. SCHWABER CAN HELP YOU IF YOU ARE CREDITOR OR A THIRD PARTY WITHIN SOMEONE ELSE'S BANKRUPTCY CASE
What We Do
Our clients are both debtors (those who owe money) and creditors (those who are owed money). This allows us to keep a balanced, objective point of view on each case. Also, we represent third parties who are sued by trustees or debtors, or who wish to purchase assets out of the bankruptcy estate.
Mr. Schwaber is available by appointment to discuss your personal situation with you. To send an email requesting an appointment, click here. Or, you can call the office and speak directly with him, not a secretary or a paralegal. There may be a small charge for this consultation, which would be applied to any further services for which the office is retained by you. This can be determined at the time the appointment is made.
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Setting up the AppointmentAt the time you contact us to make an appointment, we will need to know the following (this will expedite arranging a conference):
The name and case number of the bankruptcy case you are involved in or wish to be involved in;
What the nature of your involvement is in the bankruptcy case, including any relationship with or to the debtor, whether familial or simply related by the circumstances of the case;
Whether you have any legally recognizable interest in the debtor's assets as a co-owner, partner, lessor, lessee, guarantor, or holder of a security interest;
Whether there are any Court imposed deadlines coming up within the next two weeks following our initial contact that would affect your interests in the bankruptcy case; and
A clear understanding of what your goal in the case would be in a perfect world and what would be acceptable to you in a less than perfect world.
Having this information readily available enables Mr. Schwaber to make an initial determination of what needs to be done quickly in your situation.
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What to Bring With You to the Initial Office Consultation
To assist us in getting the information we will need to assess your situation at our first meeting, please bring all of the following information with you (copies are fine, at this point we do not need the originals unless Mr. Schwaber indicates when the appointment is made that he does want to see the originals ).
If You Are a Creditor of the Debtor or Believe That the Debtor Has Done Something Wrong in the Course of the Bankruptcy Proceedings That Affected You:
All written evidence of your claim against the debtor, such as promissory notes, contracts and/or Court judgments and orders in your favor against the defendant;
All correspondence, including emails, between you and the debtor, or between the debtor and anyone else, that relate to your claims against the debtor;
All evidence of any payments made by the debtor to you or to anyone else on your behalf, including financial accounting records;
Anything else you think might be important for Mr. Schwaber to look at during the first consultation (more is better: It would be better to bring too much than too little).
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If You Are Being Sued by a Bankruptcy Debtor or a Bankruptcy Trustee:
All Court papers you were served with by the plaintiff (the person suing you); All written evidence of the Plaintiff's claims against you, such as promissory notes, contracts and/or Court judgments and orders in the Plaintiff's favor against you from any Court, not just a bankruptcy Court;
All correspondence, including emails, between you and the Plaintiff, or between the Plaintiff and anyone else, that relate to your claims against the debtor;
All evidence of any payments made by or to either the Plaintiff or the bankruptcy debtor to you or to anyone else on your behalf, including financial accounting records;
All evidence of any payments made by or to either the Plaintiff or the bankruptcy debtor from you or to anyone else on your behalf, including financial accounting records; And again, anything else you think might be important for Mr. Schwaber to look at during the first consultation (more is better: It would be better to bring too much than too little).
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If You wish to purchase assets out of a bankruptcy estate or for any other reason wish to become involved in an existing bankruptcy case:
Mr. Schwaber will discuss this with you at the time the appointment is made and will suggest things he might want to see at the first conference.
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If you have any questions about what you need to bring with you to the meeting, please feel free to email us with your questions and we will respond as quickly as possible.
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What are the fees and costs associated with our services?
Services to creditors and third party litigants are generally billed on an hourly basis against a deposit (retainer). Hourly rates for the firm's services range from $350 to $495 per hour, depending on the experience of the attorney performing the services, the complexity of your situation, the amount of the initial retainer and whether the representation is part of a continuing attorney -client relationship involving other matters. You should always bear in mind that the hourly rate an attorney charges is not the only thing with which you should be concerned – the real factor on which you should base a fee decision is the number of hours the attorney will spend on your matter. As a general rule, the attorney's expertise and experience lead to expending less attorney time pursuing your objectives. Ultimately, for most services, the total cost should be approximately the same for lesser experienced and less skilled attorneys billing less per hour as for an attorney such as Mr. Schwaber, who is a certified bankruptcy specialist with 41 years of experience.
Although this traditional fee structure is the one most commonly used by most attorneys performing this kind of work, including this office, non-traditional fee structures, such as "per task" billing and flat fees for a given objective may be available to you. You may discuss this with Mr. Schwaber at the initial conference. You should be advised, however, that the firm does not accept representation of clients on a contingency fee basis.
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