bankruptcy

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Why Hire a Bankruptcy Attorney

Filing bankruptcy can be one of the most difficult choices a person makes. Often you have been struggling to meet your financial obligations. Something happens and the house of cards comes tumbling down, leaving you faced with a proposition that seems like failure. It is difficult and frustrating. You go to see an attorney and realize that even though you have no money to pay your bills, the attorney wants over a thousand dollars or more to represent you.

You discover there may be an alternative. You could pay someone much less to prepare your petition for you. You think Why not? Your case isn’t complicated, at least you don’t think it is. You pay a few hundred dollars and file your case. You may be okay. More likely, after things go very wrong you will realize that you should have hired an attorney.

Bankruptcy is more complicated than it appears on the surface. People who have seen or attended a bankruptcy hearing testify that the meetings are often over quickly. What is not apparent from the meeting is that most of the complicated work is done before the meeting takes place. The hearing should go smoothly if everything was done right ahead of time.

Having sat through countless hearings while representing debtors in the bankruptcy cases, I can assure you that bankruptcy is often more complicated than it looks, especially since the changes that took place in the bankruptcy laws in 2005.

Bankruptcy is more than what bills you owe. People often do not realize that all of their belongings are assets that may or may not be exempt. Other intangible things such as claims, insurance policies, and retirement accounts could also be assets. You may fail to disclose an item that could have been protected, only to lose it because of the lack of disclosure. The actions taken in the years and months leading up to bankruptcy can have consequences, and can cause unintended ramifications for friends and family members.

Every consumer bankruptcy case is assigned to a trustee. That person is responsible for ensuring the interests of your creditors are protected. When you hire a bankruptcy attorney, this person is there to represent you. Your attorney can help you to determine which debts you can discharge or pay off. Your attorney will help you protect assets that are not exempt, and will help you to do so legally.  Your attorney will make sure you list every asset and that every asset that can be is protected. Your attorney will help you ensure that bankruptcy is what it is intended to be:  a fresh start.

When you pay an attorney, you are paying that person to ensure you file everything you are supposed to file, turn over all the paperwork you are required to turn over, help you maximize your assets and minimize your losses, and to represent you against your creditors. In short, you are paying for the best fresh start you can muster.

What can a petition preparer do? Legally, all a petition preparer can do is fill in the blanks on your bankruptcy documents. If you choose to pay someone hundreds of dollars for this service you are, in effect, paying hundreds of dollars for data entry service.

If a petition preparer does more than enter information into your petition, that person is breaking the law. Both federal bankruptcy laws and state rules governing the practice of law forbid anyone except a licensed attorney from giving you advice.

Why? To protect you, the consumer. If an attorney messes up your case, there are protections in place to help you. Attorneys in Oregon,Washington, and many other states are required to carry malpractice insurance. They can also be sanctioned by their bars for failure to adhere to a basic code of conduct. There are no systems in place to help you if a document preparer messes up your petition or gives you erroneous advice. You may be able to file a complaint claiming they practiced law without a license, and while the person may face fines or sanctions, you will not get anything to cover your losses.

Hiring an attorney to represent you during your bankruptcy can be expensive. After suffering through financial difficulties and falling behind on your financial obligations, handing over a large sum of money to an attorney can seem like a real hardship. But bankruptcy is not an area to shortchange yourself.  Filing bankruptcy is your opportunity to make a fresh start. Make it the best start it can be by hiring a good attorney to represent, protect, and advise you. Think of it as your first investment in a new financial future.

I am a bankruptcy attorney. I help consumers file for chapter 7 and chapter 13 bankruptcy in Oregon and SW Washington.

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Columbia River Law Group

I started a law firm with my friends. One of them will be joining us after the first of the year. I would love it if anyone who visits the site would give me their feedback.  It can be seen at CRLawGroup.com. If you have any comments or suggestions, feel free to contact me on the website or here.  We are bankruptcy and consumer protection attorneys. We help people file bankruptcy in Portland, Vancouver, and the surrounding metro area.  We genuinely care about the people we help, and between the three of us, we have several decades of experience. If you know anyone who needs help with a bankruptcy, please do not hesitate to contact us. We like to help!

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Groupon Does Business with Pure Med Spa

After several commenters noted that Groupon in Dallas is giving out a Groupon on Pure Med Spa (aka Beauty Med Spa–same name, no difference), I sent them an email saying that they really ought to reconsider promoting a company that has done so much harm.  Here was Groupon’s response:

Hi Lara,

Thanks for your feedback and sorry for any inconvenience this has caused.
We do our best to feature businesses that see Groupon as an opportunity to gain loyal customers as well as advertise their services.

We stand by all of the businesses we feature and the deals we offer, but if you ever feel let down in any way when using your Groupon, we’ll be more than happy to work with you towards satisfaction! Also, thanks for the information! I will be passing this on to the right people.

Please let me know if you have any other questions.

Regards,

Sarah M.

support@groupon.com

I told them that I am not going to be let down, but others will be.  Who wants to be a loyal customer to a business that has stolen thousands of dollars from customers, burned people with lasers, caused one woman to require surgery because they damaged her legs, and on and on. They are being investigated by several state attorneys general and have been profiled on many television news programs for the harm they have caused.

It’s a shame that this is Groupon’s response considering the negative publicity associated with this company.  Groupon is promoting thieves and hucksters.  Send Groupon a letter letting them know if you have been harmed and what happened.  Maybe if enough people contact them, they will change their policy.

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Order by Bankruptcy Court for Pure Med Spa

Below is the text of the order by the bankruptcy court in the Northern District of Georgia for Pure Med Spa:

On the 17th day of December, 2009, came on to be heard the Motion to Dismiss Chapter 7 Cases of Non-Operating Debtors (the “Motion”) filed on behalf of Edwin K. Palmer, duly appointed Chapter 7 Trustee (the “Trustee”) for Pure Laser Hair Removal & Treatment Clinics Inc. (“Pure”), John Street Holdings LLC (“JSH”), GRF Medspa Broadway Plaza, LLC, GRF Medspa Redmond Town Center Mall, LLC, GRF Medspa Santa Ana, LLC, GRF Medspa Santa Clara, LLC, GRF Medspa Southcenter, LLC, GRF Medspa Washington Square Mall, LLC, GRF Medspa Village at Corte Madera, LLC, GRF Medspa Clackamas Town Center, LLC, GRF Medspa North Town Mall, LLC, GRF Medspa Alderwood Mall, LLC, GRF Medspa Bellis Fair Mall, LLC, GRF Medspa Fashion Show, LLC and GRF Medspa Sherman Oaks, LLC (collectively, the “Jointly-Administered Debtors”).

Pursuant to the Motion, the Debtor has represented that the Chapter 7 cases for each of the Jointly-Administered Debtors are to be dismissed, other than the Chapter 7 cases of In re Pure Laser Hair Removal & Treatment Clinics, Inc., Case No. 09-62038, and In re John Street Holdings LLC, Case No. 09-62039 (collectively, the “Remaining Cases”).

After reviewing the Motion and the pleadings on file, the Court is of the opinion, and so finds, that no written objections were filed with regard to said Motion and that good cause exists to grant the Motion. At the time the Motion was called for hearing, no parties appeared to object to the Motion. Accordingly, it is hereby ORDERED AND ADJUDGED as follows:

1.  The Motion is GRANTED as set forth herein;

2.  The above-captioned Chapter 7 case of GRF Medspa North Town Mall, LLC; Case No. 08-85315 is hereby dismissed.

3.  Upon entry of this Order, the Remaining Cases will no longer be jointly-administered and any future pleadings, motions or other filings that relate to either of the Remaining Cases must be filed in the applicable Remaining Case unless and until such Remaining Cases are jointly-administered or substantively consolidated by a future Order of the Court.

4.  Notwithstanding this dismissal, all orders previously entered in this Chapter 7 case or any of the Chapter 7 cases of the Jointly-Administered Debtors shall remain in full force and effect.

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Pure Med Spa, Brite Smile, Crooks All

I finally started the article I have been planning to write for over a year.  Every two or three days another comment comes in on the company detailing further bad acts.  Over and over people tell stories of failed treatments, closed doors, lost money, and injuries.  I have been called by Jeff Nourse.  I have spoken to employees and customers.  An attorney general called me to ask what I knew about the company’s practices.  A local Portland television station profiled a victim of Pure Med Spa and called to get my input.  A financier in New York called because the CEO and CFO had contacted him to borrow money.  Basic research led him to this site and to me.  Along the way Pure Med changed to Brite Smile, and the stories continued.  More money lost.  More people harmed.

It is time to get the word out that this company is a public health hazard.  When another story popped into my inbox tonight, I stopped reading my book, pulled out the computer, and started working on the story.  The words are flowing.  I am going to write about this disaster of a company who steals its customers’ money, disfigures and scars their bodies, and runs rampant over its employees.  Then I am going to submit the story to every major woman’s magazine in this country.  Hopefully one of them will realize that this story is a big one, and that in order to protect consumers, the story needs to be told so that no one gives them another penny and nobody else gets hurt.

Some people have asked me Why aren’t these people in jail?  They are crooks!  They hurt me!  They stole my money! Why indeed.  Something needs to happen to stop them before someone else gets hurt.  If we can’t jail them, at least I can try and stop them with my words.

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Why Hire a Bankruptcy Attorney?

Filing bankruptcy can be one of the most difficult choices a person makes. Often you have been struggling to meet your financial obligations. Something happens and the house of cards comes tumbling down, leaving you faced with a proposition that seems like failure. It is difficult and frustrating. You go to see an attorney and realize that even though you have no money to pay your bills, the attorney wants over a thousand dollars or more to represent you.

You discover there may be an alternative. You could pay someone much less to prepare your petition for you. You think Why not? Your case isn’t complicated, at least you don’t think it is. You pay a few hundred dollars and file your case. You may be okay. More likely, after things go very wrong you will realize that you should have hired an attorney.

Bankruptcy is more complicated than it appears on the surface. People who have seen or attended a bankruptcy hearing testify that the meetings are often over quickly. What is not apparent from the meeting is that most of the complicated work is done before the meeting takes place. The hearing should go smoothly if everything was done right ahead of time.

Having sat through countless hearings while representing debtors in the bankruptcy cases, I can assure you that bankruptcy is often more complicated than it looks, especially since the changes that took place in the bankruptcy laws in 2005.

Bankruptcy is more than what bills you owe. People often do not realize that all of their belongings are assets that may or may not be exempt. Other intangible things such as claims, insurance policies, and retirement accounts could also be assets. You may fail to disclose an item that could have been protected, only to lose it because of the lack of disclosure. The actions taken in the years and months leading up to bankruptcy can have consequences, and can cause unintended ramifications for friends and family members.

Every consumer bankruptcy case is assigned to a trustee. That person is responsible for ensuring the interests of your creditors are protected. When you hire a bankruptcy attorney, this person is there to represent you. Your attorney can help you to determine which debts you can discharge or pay off. Your attorney will help you protect assets that are not exempt, and will help you to do so legally.  Your attorney will make sure you list every asset and that every asset that can be is protected. Your attorney will help you ensure that bankruptcy is what it is intended to be:  a fresh start.

When you pay an attorney, you are paying that person to ensure you file everything you are supposed to file, turn over all the paperwork you are required to turn over, help you maximize your assets and minimize your losses, and to represent you against your creditors. In short, you are paying for the best fresh start you can muster.

What can a petition preparer do? Legally, all a petition preparer can do is fill in the blanks on your bankruptcy documents. If you choose to pay someone hundreds of dollars for this service you are, in effect, paying hundreds of dollars for data entry service.

If a petition preparer does more than enter information into your petition, that person is breaking the law. Both federal bankruptcy laws and state rules governing the practice of law forbid anyone except a licensed attorney from giving you advice.

Why? To protect you, the consumer. If an attorney messes up your case, there are protections in place to help you. Attorneys in Oregon,Washington, and many other states are required to carry malpractice insurance. They can also be sanctioned by their bars for failure to adhere to a basic code of conduct. There are no systems in place to help you if a document preparer messes up your petition or gives you erroneous advice. You may be able to file a complaint claiming they practiced law without a license, and while the person may face fines or sanctions, you will not get anything to cover your losses.

Hiring an attorney to represent you during your bankruptcy can be expensive. After suffering through financial difficulties and falling behind on your financial obligations, handing over a large sum of money to an attorney can seem like a real hardship. But bankruptcy is not an area to shortchange yourself.  Filing bankruptcy is your opportunity to make a fresh start. Make it the best start it can be by hiring a good attorney to represent, protect, and advise you. Think of it as your first investment in a new financial future.

I am a bankruptcy attorney. I help consumers file for chapter 7 and chapter 13 bankruptcy in Oregon and SW Washington.

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Pure Med Spa Again

In spite of the rather large number of comments I received on my posts about Pure Med Spa, not one of the commenters responded to my request to interview them for an article I am doing on the company.  I am posting this in an effort to find people who were harmed by Pure Med Spa, employees who would like to tell their story, or even those who had a great experience.  If you would like to speak to me, please comment on this post and I will contact you.  If you would like to remain anonymous, that request will be honored.

Thanks much.

Original posts:

You be Sorry You Mess With Me, Pure Med Spa

Let’s Eliminate Pure Med Spa

Good Riddance, Pure Med Spa

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Good Riddance, Pure Med Spa

See my previous posts on Pure Med Spa here and here.

I am writing an article on Pure Med Spa.  For info, please click here.

Last summer, I stopped into a local spa to inquire about Botox treatments.  After being told the price, I asked to schedule an appointment.  I was informed that I would need to provide a $50 deposit to hold the appointment, and that if I did not cancel within twenty-four hours of the appointment, I would forfeit the deposit.  Seeing no problem with this policy, I scheduled an appointment for the following week.  The company was Pure Med Spa, also known as GRF Medspa.

That afternoon, I decided I no longer wanted the appointment.  I called to cancel the appointment and to request a refund of my deposit.  I was informed that Pure Med Spa does not provide refunds.  I asked to speak with the manager who was not available.  I left a message and waited angrily for her to contact me.

In the meantime, I did a little statutory research and discovered that my state has an act to protect consumers from shady spa practices.  Among other things, the act allows for full refunds of any procedures if they are cancelled within 72 hours of making an appointment.  To comply with the statute, it is necessary to send a letter stating the intent to cancel and requesting a full refund.  I immediately wrote such a letter and sent it to Pure Med Spa.

That afternoon I spoke with the manager.  After haggling for twenty minutes, I informed her that I had written her company in compliance with the statute and that if I did not receive a refund, I would be filing suit in small claims court.  I also told her I was a writer and would write about my experience on my blog.  I did not think Pure Med Spa would like the negative publicity.

The manager said she would try to get me a refund.  After another wait, she called me back to tell me the fifty dollars would be refunded to my debit card.  I thanked her and hung up.  I did not stop payment on my debit card because I thought the matter would be handled and the cost to stop payment would have been twenty-five dollars.  It seemed a steep price to pay.

Twenty-five dollars would have been better than the nothing I have ever received from Pure Med Spa.  I honestly believe the manager in the store thought her company would refund the money.  Every time I spoke to her she was even more apologetic and her apologies were genuine.

The timing of this situation was not great for me.  I left to move to Hawaii a month afterwards.  I was tracking to see if the refund arrived, and would call to speak to the manager, but because I was not in Portland where the spa was located, I could not go in and work something out in person.

In September, frustrated by the entire situation, I wrote a blog post about my experience.  I stated my intent to sue in small claims court.  I received a lot of responses from other people who had much worse situations than mine.

Through my blog I am able to track the searches people use to find my blog and to see which posts are read the most.  By far the posts on Pure Med Spa get the most attention.  Dozens of people read these posts every day.  I have gotten several comments from readers whose experiences were terrible.  One woman has a droopy face from improperly administered Botox.  Another was an employee who spoke of their terrible treatment of her and other employees.  A graduate student writing on Pure Med Spa contacted me to see if I would forward her information to people who contacted me.  The posts continue to get tons of attention.

I was planning on suing Pure Med Spa in small claims court when I returned to Portland next week.  Unfortunately, I heard the company filed for bankruptcy under the name GRF Medspa.  I looked up their case.  They filed chapter 11 in the district of Georgia.  Their case number is 08-85038-crm.  Their filing date was December 4, 2008.  Also unfortunately, they have not yet filed all the required paperwork.  It is not due until December 19, so I could not view the details of their case.  If they do not file the necessary paperwork within the alloted time, their case will be dismissed.

If you have a potential claim against Pure Med Spa, I urge you to contact the Bankruptcy Court and ask to be listed as a creditor.  When you are notified to file a claim, do so.  It is not difficult to file the claim paperwork.  In some districts it can even be done online.

Also contact the bankruptcy trustee assigned to the case and tell your story.  His name and address are:  Thomas Wayne Dworschak, Office of the U. S. Trustee, Room 362, 75 Spring Street, SW, Atlanta, GA 30303, (404) 331-4437 – ext. 145
Email: thomas.w.dworschak@usdoj.gov.

Write clearly and concisely.  Be sure to him all the information related to your case including dates and the amounts you paid.  Maybe if enough people provide this information, the trustee will pursue a class action claim against these crooks.  In this way perhaps the trustee can collect more to distribute to all their creditors.

Pure Med Spa should be put out of business.  Its CEO and any other associated with ripping people off should go to jail.  I am going to be here writing anything I can to work towards that end.  If you have a story you would like me to post for you, I would be happy to.  A company like Pure Med Spa does not need to be in business.  Let’s do what we can to get rid of them.

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Ranting

As a bankruptcy attorney, I dealt day to day with the fallout of the “sub-prime” mortgage crisis.  It’s getting worse.  ARM loan rates go up, people have less money to pay their other bills, they get behind, call the bankruptcy attorney.  I heard story after story, helped when I could, but the system is broken.  There are no safety nets for people.

What I find ironic, and what really actually pisses me off, is that these huge banks have been screaming Deregulation! Deregulation! Deregulation! for years and they got what they wanted.  Credit card companies do what they want when they want.  Sub-prime home loans are commonplace.  What few laws that are left are ignored by greedy lenders looking to suck in any consumer desperate enough to want a home.  And now the house of cards is falling all around us and what do the big banks do?  Go crying to Congress to fix it for them.

Two years ago these banks asked Congress to punish the shit out of consumers filing for bankruptcy claiming they were losing too much and consumers were getting away with something.  Consumers need to take better responsibility for their financial decisions!  They need to pay for their mistakes!  Congress jumped on board and passed some of the worst legislation ever designed.  It ignored reality and served a very rich few.  It has not stopped bankruptcy, it has only made it a bigger pain in the ass.  Now the banks are suffering from their own stupidity and greed and they want Congress to fix it for them.  What happened to RESPONSIBILITY?  What happened to paying for your own MISTAKES?  How about we create legislation like the bankruptcy laws and stick it to their asses?  Oh no, they’ll whine.  You can’t do THAT.  It will hurt the ECONOMY!  Fuck, the economy is a mess.  Anything that looks like stability is an illusion.  Consumer purchases are paid for by borrowed money.  The US is in debt up to its eyeballs.  It’s going to come crashing to the ground.  It is inevitable.   Congress can pretend to try and bail out these stupid fucking banks, but it’s only going to be a bandaid.

Capitalism is a triangle.  It requires a bottom to keep the shit running.  It also requires a down to every up.  We have been in a pretend up for a very long time.  It’s going to come back down.  Everyone who is on the deregulation boat is going to get what they deserve.  There is a reason we don’t want pure laissez-faire capitalism.  There is a reason we need to regulate.  We only need to look at China to see what capitalism without regulation looks like…children working horrible hours for worthless pay, no safety standards, a good deal of the country in poverty while a rich few sit back with guns, shooting those who dare to question them.

Okay.  I have to stop.  I’m getting all irritated.  I just find it ironic that the same banks who worked so damn hard for deregulation are the same ones that want us to bail them out.