TERRE HAUTE BANKRUPTCY ATTORNEY 2017 GUIDE FOR FILING FOR BANKRUPTCY IN TERRE HAUTE, INDIANA
This detailed guide is written by an experienced Terre Haute Bankruptcy Attorney and is intended to answer real questions about bankruptcy, whether it’s for you and how it works. If you live in the Terre Haute, Indiana area and are considering filing for Bankruptcy, there are some things you need to know and consider.
To receive additional updates about bankruptcy in Terre Haute, Indiana just enter your email below
To receive additional updates about bankruptcy in Terre Haute, Indiana just enter your email below
The first thing to understand in making the decision to file for bankruptcy is to know that nobody ever wants to file for bankruptcy.
However, when you have tried to avoid filing for bankruptcy but the weight of debt is preventing you from living a normal life, you would be wise to consider the benefits of bankruptcy.
That is why several million people a year file for bankruptcy protection…not to get out of paying their debts, but to get relief from debts once they have tried every way possible to pay their debts but it has become overwhelming and they are worthy of the fresh start bankruptcy has to offer the honest American living in Terre Haute.
The text of the bankruptcy law itself contains the words “fresh start” for a reason.
The law is intended to help honest people who find themselves under the weight of unmanageable debt for whatever reason, a path to being free from debt, getting a fresh start and being able to enjoy a productive and happy life going forward after a bankruptcy discharge.
What is bankruptcy? What happens in a bankruptcy case? Bankruptcy is a legal process that provides relief for individuals who can no longer pay all of their debts. If you are considering bankruptcy, this video will give you basic information about the process, the relief it offers, and how to find the legal help you may need.
HIRING A TERRE HAUTE BANKRUPTCY ATTORNEY
The best way to find out how your specific situation would play out in a bankruptcy case is to consult with and hire a Terre Haute Bankruptcy Attorney who is experienced in handling bankruptcy cases in Terre Haute, Indiana. The following list of questions are all things that a qualified and experienced Terre Haute Bankruptcy Lawyer can and should answer in advising you on the bankruptcy process.
It should always begin with determining whether bankruptcy can even help you in your current situation, what type of bankruptcy case you should file and whether you qualify.
There are different requirements under the different chapter of bankruptcy and a lot depends upon your income, your assets, recent events and the nature of your debts. So getting advice from a qualified and experienced Terre Haute Bankruptcy Attorney is the best way to know what your best option is or whether you should even file for bankruptcy.
When does someone need a lawyer for a bankruptcy case? Individuals have a right to represent themselves in court, but bankruptcy is a complex area that involves many considerations including whether to file, what chapter to file under, and what exemptions to claim.
So let’s begin answering some of these questions about the bankruptcy process:
CAN FILING FOR BANKRUPTCY IN TERRE HAUTE HELP ME?
This is the first question to ask when you meet with a Bankruptcy Lawyer in Terre Haute and the answer is based upon a number of factors, including:
- the type of debts you have;
- the amount of debts;
- when they were incurred;
- the assets you currently own;
- your income;
- and whether you have transferred assets or other conduct that can impact a bankruptcy case.
- TYPES OF DEBTS?
Some debts cannot be discharged in a bankruptcy case, such as most student loans, criminal fines and restitution, most domestic support obligations and some taxes. This is why an experienced Terre Haute Bankruptcy Attorney can quickly determine and advise you on whether bankruptcy can even help you based upon the type of debts you have.
For example, if the only debts you owed were federal student loans from an accredited state college, filing for bankruptcy may not do much to help you. However, if most of your debts were credit card debts incurred over a period of years, filing for bankruptcy may very well give you the fresh start you need to get on with your life.
AMOUNT OF YOUR DEBTS?
Under some types of bankruptcy cases, such as a Chapter 13 bankruptcy case, there are debt limits that would prevent you from filing if the amount of your debts exceeds the limits allowed. This is not really a factor in a Chapter 7 bankruptcy case but in Chapter 13 bankruptcy cases, it is a very important factor. A good Terre Haute Bankruptcy Lawyer can give you the expert advice you need on whether debt limits factor into your bankruptcy case, based on what your goals are in filing for bankruptcy and what chapter under the bankruptcy law is best for you.
WHEN YOUR DEBTS WERE INCURRED?
When debts are incurred too close to the date of filing for bankruptcy, those debts may not be able to be discharged. This might defeat the entire reason why you filed for bankruptcy in Terre Haute so you need to be aware that this is an important factor to consider before filing for bankruptcy. Some people wrongly believe that they can just go out right before they would file for bankruptcy and an incur new debts and just add them in with other older debts and everything will be discharged.
This is called “loading up on the eve of bankruptcy” and is a huge no-no! So, timing of when debts were incurred is a very important consideration because there are various “look back” provisions in the bankruptcy law. If you suspect this is the case, you would be wise to disclose and discuss these facts with your Terre Haute Bankruptcy Attorney.
AMOUNT AND TYPE OF YOUR ASSETS?
Many people mistakenly believe that you lose everything you own when you file for bankruptcy. This is simply not true! Under a Chapter 7 bankruptcy, there are certain types of assets that you get to keep. We call these “exempt” assets because they are exempt from liquidation based on the specific exemption laws that govern your case. Sometimes state law governs what assets are exempt in bankruptcy and sometimes federal bankruptcy law will govern which of your assets are exempt (protected) when you file for Chapter 7 bankruptcy.
The exemption law that governs your bankruptcy case will determine whether your home, cars, personal property such furniture, clothing, household goods, retirement accounts and other assets are exempt or protected and to what amount. This is why it is so important to hire an experienced Terre Haute Bankruptcy Lawyer who can determine exactly what you will get to keep in your bankruptcy case and what is subject to liquidation by the Trustee to pay your creditors.
AMOUNT OF YOUR INCOME?
The amount of money you make is very important in determining whether filing for bankruptcy can help you with your debts. When the bankruptcy law was amended in 2005, it established “means testing” for Chapter 7 bankruptcy. If you make too much money, you may not qualify for a Chapter 7 bankruptcy case and may instead have to file a Chapter 13 bankruptcy case and repay your creditors over time. The important thing to remember is that the bankruptcy means test does not just look at your current income. It looks at your income in the 6 month period before you filed your bankruptcy case to determine whether you qualify for a Chapter 7 bankruptcy case.
Also, certain income (such as social security benefits) do not get counted under the means test. This is a very technical calculation and a perfect example of why it is always a bad idea to not hire a reputable Terre Haute Bankruptcy Attorney and instead try to file on your own without an a lawyer. The devil is certainly in the detail when it comes to filing for bankruptcy in Terre Haute, so do not go it alone.
Certain types of debt, such as child support, alimony, and most student loans, cannot be discharged in bankruptcy. Wrongful conduct may make some debts non-dischargeable. Examples of such conduct are incurring credit card charges without the intent or ability to repay, or obtaining loans using false financial information.
TERRE HAUTE BANKRUPTCY GOTCHAS!
YOU MUST DISCUSS THESE WITH YOUR TERRE HAUTE BANKRUPTCY ATTORNEY
Just like the “look back” periods mentioned above related to when debts were incurred, there are a number of other very important types of conduct issues and look back periods that are examined when you file for bankruptcy. The most important issue is whether you have given away, sold or transferred assets prior to filing for bankruptcy. There is normally a 2 year look back on asset transfers (some are longer depending on the type of asset) and not disclosing this fact of timing your filing in light of this fact could be disastrous.
Not only might you not get a discharge of your debts, the main reason you filed for bankruptcy, but the Trustee could still go recover (take back) those assets you transferred and sell them to pay your creditors. Think about it, if people could just transfer assets out of their name to a relative or friend prior to filing a bankruptcy, who would just transfer them back after the bankruptcy case, that would not be fair to creditors. If this has happened recently, just be honest and tell your Terre Haute Bankruptcy Attorney so they can help you time things properly.
Another conduct and timing issue deals with paying back some creditors too close to when you filed for bankruptcy but not paying back other creditors. The bankruptcy law calls this a preference and a Chapter 7 Trustee can demand those payments be returned to distribute them evenly. There are different and longer look back periods when it comes to repaying debts to “insiders” (relatives and friends) prior to filing for bankruptcy.
All of these factors explained above are very important in answering the question “will bankruptcy help me” and why a qualified and experienced Bankruptcy Attorney in Terre Haute is crucial in helping you not only determine “if” you should file for bankruptcy but sometimes just as importantly “when” you should file for bankruptcy in Terre Haute.
DO I QUALIFY FOR BANKRUPTCY IN TERRE HAUTE?
As outlined above, the bankruptcy means test is only one factor that determines if you qualify to file for bankruptcy and under what chapter of the bankruptcy law. Debts limits also factor into it and waiting to get past asset transfer or preferential payment issues, or debts being too recently incurred are all important factors in determining not just “if” you qualify for bankruptcy, but whether and “when” you may qualify for bankruptcy.
Sometimes, based on very recent events in your life, the timing of a bankruptcy filing can make all the difference in answering the question of qualifying for a certain type of bankruptcy case and a good Terre Haute Bankruptcy Lawyer needs to know these fact when you first meet.
For example, it could be the situation that you might not qualify to file for a Chapter 7 case now but you would qualify in a few months, such as if you were recently laid off or fired from a high paying job and your circumstances have drastically changed.
Think about it…this is one of the main reasons we have a bankruptcy law: to help people discharge debts they might have incurred at a time when their income was easily high enough to repay those debts but now it is not. Job loss, injury, illness, divorce are some of the most common reasons why people seek protection and a fresh start under the bankruptcy law in Terre Haute.
WHAT TYPE OF BANKRUPTCY SHOULD I FILE IN TERRE HAUTE?
An experienced Terre Haute Bankruptcy Attorney can properly advise you on which chapter of the bankruptcy law would most help you achieve the outcome you desire based on your individual situation. Putting whether you qualify for a Chapter 7 under the means test aside for the moment, you need to know about why people typically file bankruptcy in Terre Haute under Chapter 7 or Chapter 13 of the bankruptcy law.
Only then can you identify which scenario is more closely related to yours and with the help of your bankruptcy attorney, decide the best course of action and the proper chapter of bankruptcy to file under if you are filing a bankruptcy case in Terre Haute.
A brief review of the three main types of bankruptcy cases for individuals chapters 7, 11, and 13. The most common types of bankruptcy are chapter 7, which are liquidating bankruptcy, and chapter 13 cases, often used by individuals who want to catch up on past due mortgage or car loan payments and keep their assets.
CHAPTER 7 BANKRUPTCY
Chapter 7 bankruptcy is what most people think of when they think of bankruptcy. It is called liquidation because when you file a Chapter 7 case in Terre Haute, a Chapter 7 Bankruptcy Trustee is appointed to your case and that Chapter 7 Trustee has one job: to recover assets they can sell (liquidate) to pay your creditors. Of course they get a percentage of any assets they liquidate so they have an incentive to recover and liquidate anything the bankruptcy law under Chapter 7 allows them to liquidate.
Basically they look at what you own, deduct out whatever you own that is exempt property under the law and if there are assets you own above those allowed exemption amounts, they have the right to sell them. Sometimes your Terre Haute Bankruptcy Lawyer can negotiate to pay them the difference on any “non-exempt” assets so you can keep them. This is called a buy-back agreement. Keep in mind, the Chapter 7 Trustee is also looking at other information, like the timing of any asset transfers, preferential payments and other conduct of yours prior to your bankruptcy filing, as we discussed above.
Chapter 7 is most often filed by people who are overwhelmed by “unsecured” debts. These are debts you owe where there is no collateral for the debt. This type of debt usually consists of credit card debts, medical bills, signature loans, but could also include deficiency amounts or judgments resulting from the surrender or repossession of debts that were “secured” debts, like cars and real estate.
If you have “secured” debts where there is collateral securing the debt, like car loans and mortgages on real estate, you have a choice. You can surrender the collateral in your Chapter 7 bankruptcy and give it back to the secured creditor or if you can afford to keep paying and you are current in your payments, you can keep it and continue making payments.
The advantage of a Chapter 7 bankruptcy case is that it is short, typically only open for 3 or 4 months after the filing of the case. If there a no assets for the Trustee to liquidate and distribute, you would get your Bankruptcy Discharge and the case would close shortly thereafter.
So if you are under a certain level of income under the means test, everything you own is exempt and protected and you are current on your home mortgage and car loans, Chapter 7 can help you discharge the debts you have and you can get your fresh start much faster than under Chapter 13. Your Terre Haute Bankruptcy Attorney will explain this in more details based on your specific situation.
TERRE HAUTE BANKRUPTCY CHAPTER 7 TIMELINE
In a Chapter 7, the timeline depends upon whether there are any assets for the Chapter 7 Trustee to administer (sell and distribute to creditors). If not, the Bankruptcy Court will issue a Discharge of Debts in your bankruptcy case about 4 months after you filed your Chapter 7 bankruptcy case. You will still normally get you Discharge on time, even if there are assets the Chapter 7 Trustee is administering, but the case will remain open while they finish this process.
CHAPTER 13 BANKRUPTCY
A Chapter 13 bankruptcy case is basically a court supervised repayment plan where you make a monthly payment to a Chapter 13 Bankruptcy Trustee for 3 to 5 years. Many of the same rules apply that apply in a Chapter 7 bankruptcy case but there is no liquidation. Instead, you pay on your debts over time either because you are behind on a secured debt and want to catch up on those payments or you have excess disposable income under the means test and can afford to pay part of your unsecured debts.
Many people file Chapter 13 bankruptcy to solve mortgage problems. It allows you to cure a mortgage default and catch up on past due mortgage payments so that you can keep your home. If you only have enough income to cover your living expenses and cure the mortgage default, you usually do not have to pay on your other unsecured debts. However, whatever income you have above what is needed to live and cover the secured loans in your plan, you have to pay that into the plan as well to go to your unsecured creditors.
The other reason people in Terre Haute file for Chapter 13 bankruptcy is because they make too much income to qualify for a Chapter 7 bankruptcy and they are still better off paying creditors a percentage on the dollar of the debts they owe so that eventually they receive a discharge in bankruptcy. Chapter 13 bankruptcy cases are also used to catch up on tax debts, child support obligations and sometimes student loans.
The disadvantage of a Chapter 13 bankruptcy case is the length of time you have to be in the case. 3 or 4 months in a Chapter 7 is lot better 3 to 5 years in a Chapter 13 bankruptcy case, but it all depends on the goals you are trying to accomplish in your bankruptcy case and your individual circumstances on what is best for you to get the debt relief you need.
TERRE HAUTE BANKRUPTCY CHAPTER 13 TIMELINE
In a Chapter 13, the timeline is much longer. You will appear for your 341 meeting, just like in a Chapter 7 bankruptcy case, but then the next milestone occurs in several months, usually about 6 months. That milestone is called “Confirmation.” In that 6 month period, creditors have to file “proofs of claim” and your Terre Haute Bankruptcy Attorney has the chance to object to those claims, in an effort to reduce or eliminate them altogether.
When this process has completed, and provided you are current in your monthly payments to the Chapter 13 Trustee, the Court will “confirm” your Chapter 13 Plan. You then continue making your monthly payments according to that “Order Confirming Plan” and when you make your final payment to the Chapter 13 Trustee, within a few months the U.S. Bankruptcy Court will note your Plan has been completed and will issue a Discharge Order in your case.
WHAT CAN I EXPECT IN MY TERRE HAUTE BANKRUPTCY CASE?
The answer to this question starts with a very simple question: how honest were you with your Terre Haute Bankruptcy Attorney. The more your bankruptcy attorney knows, the better they can advise you. If you hide things, it’s impossible for them to work around issues that may complicate your case. When in doubt, over-disclose everything to your bankruptcy lawyer. The more they know, the better you can honestly discuss the facts, the complications, the strategy and the better they can advise you in your bankruptcy case.
THE AUTOMATIC STAY
After your Terre Haute Bankruptcy Attorney receives all information from you and the credit bureaus and drafts your bankruptcy petition, the case is filed with the U.S. Bankruptcy Court. The moment your Terre Haute bankruptcy case is filed, the “Automatic Stay Injunction” goes into effect. This is an immediate injunction that says that creditors MUST CEASE all collection efforts against you. No more phone calls, collection letters, any lawsuits must stop and you now are under the protection of the United States Bankruptcy Court.
This all important protection is one of the biggest and most immediate benefits of filing for bankruptcy. Relief from the collection efforts of creditors you have probably been living with for quite some time now stop. This is your first taste of debt freedom on the way to your fresh start once you receive your Discharge in Bankruptcy at the conclusion of your bankruptcy case.
HOW DOES SOMEONE FILE A BANKRUPTCY CASE? IN ORDER TO FILE FOR BANKRUPTCY, AN INDIVIDUAL MUST TAKE A CREDIT COUNSELING COURSE TO LEARN ABOUT ALTERNATIVES TO BANKRUPTCY AS WELL AS ACCURATELY COMPLETE AND FILE A NUMBER OF DOCUMENTS.
THE MEETING OF CREDITORS
About 1 month after your Terre Haute bankruptcy petition is filed, you must appear at a Meeting of Creditors and meet your bankruptcy trustee and any creditors who want to attend and ask you questions relating to your Terre Haute bankruptcy case filing. This called a 341 meeting. Your bankruptcy trustee will ask you to verify the information you filed in your bankruptcy case again, under oath, and ask you any relevant questions they feel would lead to assets they can liquidate.
Creditors sometimes attend this initial meeting but usually only if there is an issue of fraud or something else that may be contested in your bankruptcy case. Remember, if you are honest and upfront with your bankruptcy lawyer, you will already know if a creditor is likely to attend and ask questions.
Sometimes, creditors are just angry or want to harass debtors, but they are not really allowed to go very far with this type of conduct in a bankruptcy case unless they have some proof that you did something wrong. Not being able to pay the debt you owe them is not enough for them to do much to you once you file.
EVERY DEBTOR IS REQUIRED TO APPEAR AT A CREDITORS’ MEETING CONDUCTED BY A TRUSTEE WHO ASKS THE DEBTOR QUESTIONS ABOUT THE DEBTOR’S FINANCIAL CONDITION AND GIVES CREDITORS THE OPPORTUNITY TO DO THE SAME.
DO YOU HAVE TO ATTEND ANY BANKRUPTCY HEARINGS?
Sometimes, you have to attend a hearing and appear in front of the Bankruptcy Judge. Your Terre Haute Bankruptcy Attorney can advise you on whether that is likely to happen or not, given the specific facts of your case. Remember, that even if you have to appear, because you are represented by a Terre Haute Bankruptcy Attorney, your Terre Haute Bankruptcy Attorney will always appear with you.
One of the benefits of hiring a Terre Haute Bankruptcy Attorney to handle your bankruptcy case is that many times they can appear on your behalf to handle routine matters in your Terre Haute bankruptcy case without the need for you to attend. Routine motion dockets are sometimes handled by your Terre Haute Bankruptcy Attorney. It usually depends upon whether your Terre Haute Bankruptcy Lawyer needs to introduce evidence or you are needed to testify.
When you are not represented by a Terre Haute Bankruptcy Attorney in your case, you may have to appear in front of the Bankruptcy Judge on your own. This is usually something most people would rather not go through on their own and why being represented by an experienced Terre Haute Bankruptcy Attorney is a smart idea.
THE LEGAL EFFECT OF A BANKRUPTCY DISCHARGE
A Discharge Order in a bankruptcy case is the goal of every Terre Haute bankruptcy case. It is an Order that protects every debtor from being harassed or from collection efforts by creditors after the bankruptcy case has been completed and then Discharged. Your Terre Haute Bankruptcy Attorney will explain to you that if a debt is discharged, it can never be revived.
If a creditor ignores the Discharge Order and tries to collect, harass or sue on a discharged debt, they can be called before the U.S. Bankruptcy Court Judge in your case and be held in contempt for violating the Discharge. Your Terre Haute Bankruptcy Attorney would file a contempt motion to enforce the Discharge Order. Often times, your Terre Haute Bankruptcy Attorney will have to reopen your Terre Haute bankruptcy case to file this motion.
Many times, debtors who have their Terre Haute Bankruptcy Attorney pursue this type of motion also recover damages so it’s important to log notes if this happens after your case and let your Terre Haute Bankruptcy Attorney know about it if it ever happens. This includes telling your Terre Haute Bankruptcy Attorney all of the details as soon as it happens, even if it has been years since your case closed.
The Discharge in Bankruptcy is meant to protect you long after your bankruptcy case and sometimes you have to assert it if any creditor chooses to ignore this important legal Order from the U.S. Bankruptcy Court. A good Terre Haute Bankruptcy Attorney will always handle these matters for you well after the case has ended.
Keep in mind when first hiring a Terre Haute Bankruptcy Attorney, to ask that Terre Haute Bankruptcy Attorney if they will handle these situations, should they occur. Even if it is years after your case, a good Terre Haute Bankruptcy Attorney will pursue discharge violations and protect you.
DEBTORS ARE USUALLY ABLE TO DISCHARGE MOST OR ALL OF THEIR DEBTS. ONCE A DEBT IS DISCHARGED, A CREDITOR MAY NOT ATTEMPT TO COLLECT IT FROM THE DEBTOR.
BANKRUPTCY IS DEBT RELIEF FOR HONEST PEOPLE IN TERRE HAUTE
Despite the best efforts of big banks and their lobbyists, the United States Bankruptcy law is still alive and well in Terre Haute, Indiana. It can help residents of Terre Haute who are overwhelmed by debt, facing foreclosure on their home or other financial issues.
With the help of an seasoned FLACMA Terre Haute Bankruptcy Attorney to guide you through the process, it may be the best thing you ever do that you probably never wanted to do.
Bankruptcy is a beginning, not an ending.
The Fresh Start offered by the bankruptcy law may help you move past bad events in your life so that you can live your life in relative peace financial freedom and be a contributing member of the Terre Haute community.
We hope you found this Terre Haute Bankruptcy Attorney Guide to Bankruptcy helpful. Please contact your FLACMA Terre Haute Bankruptcy Attorney today so you can get personalized and specific advice on your debts and find peace and prosperity through bankruptcy.
To receive additional updates about bankruptcy in Terre Haute, Indiana just enter your email below
To receive additional updates about bankruptcy in Terre Haute, Indiana just enter your email below
LEARN MORE ABOUT BANKRUPTCY AT:
Design & Marketing by Law Dog Legal Marketing
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by FLACMA, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your flacma.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and FLACMA may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause FLACMA liability. You must immediately notify FLACMA of any unauthorized uses of your blog, your account or any other breaches of security. FLACMA will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by FLACMA or otherwise.
By submitting Content to FLACMA for inclusion on your Website, you grant FLACMA a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, FLACMA will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, FLACMA has the right (though not the obligation) to, in FLACMA's sole discretion (i) refuse or remove any content that, in FLACMA's reasonable opinion, violates any FLACMA policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in FLACMA's sole discretion. FLACMA will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay FLACMA the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify FLACMA before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to FLACMA in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay FLACMA the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. FLACMA reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to FLACMA.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by FLACMA to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free flacma.com services. All support will be provided in accordance with FLACMA standard services practices, procedures and policies.
- Responsibility of Website Visitors. FLACMA has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, FLACMA does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FLACMA disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which flacma.com links, and that link to flacma.com. FLACMA does not have any control over those non-FLACMA websites and webpages, and is not responsible for their contents or their use. By linking to a non-FLACMA website or webpage, FLACMA does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FLACMA disclaims any responsibility for any harm resulting from your use of non-FLACMA websites and webpages.
- Copyright Infringement and DMCA Policy. As FLACMA asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by flacma.com violates your copyright, you are encouraged to notify FLACMA in accordance with FLACMA's Digital Millennium Copyright Act ("DMCA") Policy. FLACMA will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. FLACMA will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of FLACMA or others. In the case of such termination, FLACMA will have no obligation to provide a refund of any amounts previously paid to FLACMA.
- Intellectual Property. This Agreement does not transfer from FLACMA to you any FLACMA or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FLACMA. FLACMA, flacma.com, the flacma.com logo, and all other trademarks, service marks, graphics and logos used in connection with flacma.com, or the Website are trademarks or registered trademarks of FLACMA or FLACMA's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FLACMA or third-party trademarks.
- Advertisements. FLACMA reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. FLACMA reserves the right to display attribution links such as 'Blog at flacma.com,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. FLACMA reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. FLACMA may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. FLACMA may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your flacma.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by FLACMA if you materially breach this Agreement and fail to cure such breach within thirty (30) days from FLACMA's notice to you thereof; provided that, FLACMA can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". FLACMA and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FLACMA nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will FLACMA, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FLACMA under this agreement during the twelve (12) month period prior to the cause of action. FLACMA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless FLACMA, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between FLACMA and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FLACMA, or by the posting by FLACMA of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Orange County, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FLACMA may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Find Local Access to Consumer Minded Attorneys ("FLACMA") operates flacma.com and may operate other websites. It is FLACMA's policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, FLACMA collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. FLACMA's purpose in collecting non-personally identifying information is to better understand how FLACMA's visitors use its website. From time to time, FLACMA may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
FLACMA also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on flacma.com blogs/sites. FLACMA only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to FLACMA's websites choose to interact with FLACMA in ways that require FLACMA to gather personally-identifying information. The amount and type of information that FLACMA gathers depends on the nature of the interaction. For example, we ask visitors who sign up at flacma.com to provide a username and email address. Those who engage in transactions with FLACMA are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, FLACMA collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with FLACMA. FLACMA does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
FLACMA may collect statistics about the behavior of visitors to its websites. FLACMA may display this information publicly or provide it to others. However, FLACMA does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
FLACMA discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on FLACMA's behalf or to provide services available at FLACMA's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using FLACMA's websites, you consent to the transfer of such information to them. FLACMA will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, FLACMA discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when FLACMA believes in good faith that disclosure is reasonably necessary to protect the property or rights of FLACMA, third parties or the public at large. If you are a registered user of an FLACMA website and have supplied your email address, FLACMA may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with FLACMA and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. FLACMA takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If FLACMA, or substantially all of its assets, were acquired, or in the unlikely event that FLACMA goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of FLACMA may continue to use your personal information as set forth in this policy.