The principal office for the transaction of the business of the Corporation shall be located in San Diego County, California. The Directors may change the principal office from one location to another, and this section shall be amended accordingly.
Promote active involvement in public affairs.
(a) Organizing and operating conferences, workshops, or symposia designed to promote the exchange of information concerning the Asian American interests.
(b) Organizing and operating public lectures, panel presentations, or courses designed to raise general public awareness and interest in the science, technology, and study of digital games.
(c) Publishing books and pamphlets that encourage civic and political engagements.
The properties and assets of this nonprofit Corporation are irrevocably dedicated to public benefit and/or charitable purposes. No part of the net earnings, properties, or assets of this Corporation, on dissolution or otherwise, shall inure to the benefit of any private person or individual, or any Director or Officer of this Corporation. On liquidation or dissolution, all properties and assets remaining after payment, or provision for payment, of all debts and liabilities of this Corporation shall be distributed to a nonprofit fund, foundation, or corporation which is organized and operated exclusively for charitable purposes and which has established its exempt status under Internal Revenue Code §501(c)(4).
(a) General Corporate Powers. The business and affairs of the Corporation shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board of Directors.
(i) Select and remove the Officers of the Corporation; prescribe any powers and duties for them that are consistent with the law, with the Articles of Incorporation, and with these Bylaws; and fix their compensation, if any.
(ii) Change the principal executive office or the principal business office in the State of California from one location to another; cause the Corporation to be qualified to do business in any other state, territory, dependency, or country, and conduct business within or outside the State of California; and designate any place within or outside the State of California for the holding of any meeting.
(iii) Adopt, make, and use a corporate seal and alter the form of the seal.
(iv) Borrow money and incur indebtedness on behalf of the Corporation and cause to be executed and delivered for the Corporation’s purposes, in the Corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of debt.
The number of Directors shall be not less than _ 3_ _ nor more than _ 15_ _, with the exact authorized number of Directors to be determined by the Board from time to time.
(a) Except the initial Directors, the term for the elected Directors is two (2) years.
(i) The candidates receiving the highest number and at least 50% of all the valid votes shall be elected. Each serving director shall have the same voting right as that of the non-director voting members. The physical presence of the candidate at the election meeting is required. However votes can be either casted at the election meeting or be mailed in before the election meeting.
(ii) The place and the time of the election meeting is determined by the then serving Board of Directors.
(iii) A voting member other than the serving Board of Directors or officer is a member, who in the calendar year immediately prior to the cutoff date, has received both 4 hours of volunteer credit and has contributed US $120 for the Organization.
Annual fee for a voting member is $120 per year.
Annual election meeting shall be held in January.
$120 first time payment is required for one to be qualified as a voting member, and the cutoff date is 30 days before election date.
For all voting members, their membership fees will be due before or at the annual election meeting. For the new voting members who pay their membership fees at joining, their next membership fees will be due before their 2nd annual election meeting.
serving Board members and approved by 2/3 (67%) of the serving board members votes.
(i) On annual election event, all available vacancies that have not been filled are subject to open election.
(c) Initial Board Members are appointed. The terms of the initial members should be staggering at 1 and 2 year term. The terms of the initial Board of Directors is opposite to his/her name. The subsequently elected Board of Directors shall be two (2) years. There are no term limitations a director may serve.
(d) The chair of the Board of Directors shall be selected by a majority vote of the directors following the appointment or election of Directors at each annual meeting. The term of this position is 1-year, and there are no term limitations if the person is re-elected.
(i) The death, resignation, or removal of any Director.
(ii) The event that any Director moves completely outside of the county of San Diego, both residence and work.
(iii) The declaration by resolution of the Board of Directors of a vacancy in the office of a Director who has been declared of unsound mind by court order or convicted of a felony, or who has been found by final order or judgment of any court to have breached a duty under Corporation Code §5231 and following of the California Nonprofit Corporation Law.
(iv) The failure of the Board, at any meeting of the Board at which any Director(s) is to be appointed or elected, to appoint or elect the Director(s) to be appointed or elected at that meeting pursuant to the provisions of Section 4.3(a).
(v) The increase of the authorized number of Directors.
(b) Resignation. Except as provided in this paragraph, any Director may resign, which resignation shall be effective upon receipt of written notice by the Chair of the Board, the President, or the Secretary, unless the notice specifies a later effective date for the resignation. No Director may resign when the Corporation would then be left without a duly elected Director or Directors in charge of its affairs.
(i) Any Director may be removed, with or without cause, by the vote of the ⅔ (67%) of the members of the entire Board of Directors at a special meeting called for that purpose, or at a regular meeting, provided notice of that meeting and of the removal questions are given as provided in Section 4.9. Any vacancy caused by the removal of a Director shall be filled as provided in Section 4.5.
(A) The Director requests a leave of absence for a limited period of time, and the leave is approved by the Directors at a regular or special meeting. If such leave is granted, the number of Board members will be reduced by one in determining whether a quorum is or is not present.
(B) The Director suffers from an illness or disability which prevents him or her from attending meetings and the Board by resolution waives the automatic removal procedure of this subsection (ii).
(d) Filling of Vacancies. Any vacancy caused by the death, resignation, or removal of a Director shall be filled in accordance with the provisions of Section 4.3(a).
Regular meetings of the Board of Directors may be held at any place within or outside the State of California, as designated from time to time by resolution of the Board. In the absence of such designation, regular meetings shall be held at the principal office of the Corporation or by telephone conference. Special meetings of the Board shall be held at any place within or outside of the State of California, as designated in the notice of meeting or, if not stated in the notice or if there is no notice, at the principal office of the Corporation. Notwithstanding the above provisions of this Section 4.6, a regular or special meeting of the Board of Directors may be held at any place consented to in writing by all Board members, either before or after the meeting. Directors may participate in a meeting through use of conference telephone, electronic video screen communication, or similar communications equipment, so long as all of the following apply: (a) each Board member participating in the meeting can communicate with all the other members concurrently; (b) each member is provided the means of participating in all matters before the board, including the capacity to propose, or to interpose an objection to, a specific action to be taken by the corporation; and (c) the corporation adopts and implements means of verifying both of the following: (i) a person communicating by telephone, electronic video equipment, or other communications equipment is a director entitled to participate in the board meeting; and (ii) all statements, questions, actions, or votes were made by that director and not by another person not permitted to participate as a director. Participation in a meeting pursuant to this bylaw shall constitute presence in person at such meeting.
The Board of Directors shall hold a meeting in January each year at a time and place designated by the Board of Directors for purposes of electing officers, designating committees, and transacting regular business. Notice of these meetings shall be in accordance with Section 4.9.
Special meetings of the Board of Directors for any purpose may be called at any time by the Chair of the Board, the President, or any two Directors. Notice of these meetings shall be in accordance with Section 4.9.
Notice of any meeting of the Board of Directors shall be given to all Directors at least 4 days in advance if given by first-class mail or at least 48 hours in advance if given by notice delivered personally, by telephone, or by electronic transmission in compliance with Section 15.2 of these Bylaws, provided that such notice may be waived by any Director as set forth in Section 4.10. Notice shall not be given by electronic transmission if the corporation is unable to deliver two consecutive notices to a Director by that means, or if the inability to deliver the notice becomes known to the Secretary or other person responsible for giving such notice.
The transactions of any meeting of the Board of Directors, however called and noticed and wherever held, shall be as valid as though taken at a meeting duly held after regular call and notice if (a) a quorum is present and (b) either before or after the meeting, each of the Directors not present signs a written waiver of notice, a consent to holding of the meeting, or an approval of the minutes. The waiver of notice or consent need not specify the purpose of the meeting. All waivers, consents, and approvals shall be filed with the corporate records or made a part of the minutes of the meeting. Notice of a meeting shall also be deemed given to any Director who attends the meeting without protesting before or at its commencement about lack of adequate notice.
A majority of the Board of Directors shall constitute a quorum for the transaction of business, except to adjourn as provided in Section 4.12. Every act or decision done or made by a majority of the Directors present at a meeting held at which a quorum is present shall be regarded as the act of the Board of Directors, subject to the provisions of the California Nonprofit Corporation Law. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of any Director, if any action taken is approved by at least a majority of the quorum required for the meeting.
Notice of the time and place of holding an adjourned meeting need not be given, unless the meeting is adjourned for more than 24 hours, in which case notice of the time and place shall be given before the time of the adjourned meeting to the Directors who were not present at the time of the adjournment. This notice may be waived in the same manner as set forth under Section 4.10.
Any action required or permitted to be taken by the Board of Directors may be taken without a meeting if all directors individually or collectively consent in writing to that action and, if subject to Corporations Code §5224(a), the number of directors then in office constitutes a quorum. Such action by written consent shall have the same force and effect as a unanimous vote of the Board of Directors. Such written consent or consents shall be filed with the minutes of the proceedings of the Board.
A motion can be made through written communications, a quorum is reached if majority of the board member participated in the discussion phase of the motion. For motions through emails, the discussion phase should allow at least 48 hours after the motion is made by at least two directors. A motion fails if quorum is not reached during the discussion phase. Every act or decision done or made by a majority of the Directors present at the discussion at which a quorum is present shall be regarded as the act of the Board of Directors, subject to the provisions of the California Nonprofit Corporation Law.
The Board may authorize the advance or reimbursement of actual reasonable expenses incurred by a director or member of a committee in carrying out his or her duties.
Directors shall not otherwise be compensated.
The Board also may authorize the payment to a director of reasonable compensation for services as a director.
Not more than 49 percent of the persons serving on the Board of Directors at any time may be interested persons. An interested person is (a) any person compensated by the Corporation for services rendered to it within the previous 12 months, whether as a full-time or part-time employee, independent contractor, or otherwise; (b) any shareholder, employee or officer of any corporation, or partner or employee of any partnership, which has rendered compensated services to the Corporation within the previous 12 months; and (c) any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, mother-in-law, or father-in-law of any person described in (a) or (b) of these Bylaws. Any violation of the provisions of this paragraph shall not, however, affect the validity or enforceability of any transaction entered into by the Corporation.
(e) Approve any transaction (i) to which the Corporation is a party and as to which one or more Directors has a material financial interest, or (ii) between the Corporation and one or more of its Directors or between the Corporation and any corporation or firm in which one or more of its Directors has a material financial interest.
Pursuant to Section 6.1, the Board may appoint 2 or more Directors and the Chair of the Board of the Corporation, to serve as the Executive Committee of the Board. The Chair of the Board shall serve as chair of the Executive Committee. The Executive Committee, unless limited by a resolution of the Board, shall have and may exercise all the authority of the Board in the management of the business and affairs of the Corporation between meetings of the Board; provided, however, that the Executive Committee shall not have the authority of the Board in reference to those matters enumerated in Section 5.1.
At any time this Corporation compensates its President or Treasurer, the Corporation shall have a Compensation Committee consisting of at least three Directors and exclusively of Directors. Directors who are also employees of the Corporation may not serve on the Compensation Committee. The Compensation Committee shall review the compensation of the President, Treasurer, Vice President (if any) and Chief Investment Officer (if any), as well as of such other Officers of the Corporation as the Compensation Committee determines appropriate. This review shall occur when such officer is hired, when the term of employment of such officer is renewed or extended, and when the compensation of such officer is modified, unless the modification applies to substantially all of the employees of this corporation. Based on its review, the Compensation Committee shall recommend just and reasonable compensation amounts to the Board. At the request of the President or the Board, the Compensation Committee shall review any issue involving staff compensation and benefits, including but not limited to housing, health, and retirement plans.
The Board may establish one or more Advisory Committees to the Board. The members of any Advisory Committee may consist of directors or non-directors. Advisory committees may not exercise the authority of the Board to make decisions on behalf of the corporation, but shall be limited to making recommendations to the Board or the Board’s authorized representatives and to implementing Board decisions and policies. Advisory Committees shall be subject to the supervision and control of the Board.
Advisory committee members shall be invited and approved by 2/3 of the Board of Directors with a term limit of one year.
At all times that this Corporation is required by applicable law to have an independent audit, or at any time the Corporation voluntarily chooses to do so, the Corporation shall have an Audit Committee consisting of at least two Directors and which may include nonvoting advisors. Directors who are employees of the Corporation or who receive, directly or indirectly, any consulting, advisory, or other compensatory fees from the Corporation (other than for service as Director) may not serve on the Audit Committee. The President and Treasurer, if also Directors, may serve on the Audit Committee only if such persons are volunteers and are not compensated by this Corporation. The Audit Committee shall perform the duties and adhere to the guidelines set forth from time to time by the Board. These duties include, but are not limited to: (i) assisting the Board in choosing an independent auditor and recommending termination of the auditor, if necessary, (ii) negotiating the auditor’s compensation, (iii) conferring with the auditor regarding the Foundation’s financial affairs, and (iv) reviewing and accepting or rejecting the audit. Members of the Audit Committee shall not receive compensation for their service on the Audit Committee in excess of that provided to Directors for their service on the Board. If the Corporation has a Finance Committee, a majority of the members of the Audit Committee may not concurrently serve as members of the Finance Committee, and the Chair of the Audit Committee may not serve on the Finance Committee.
The Board of Directors may adopt rules for any committee not inconsistent with the provisions of these Bylaws.
The Board of Directors may create new subcommittees with the motion of at least 2 directors and vote with majority. These two directors who motion the creation of the subcommittee should automatically become the member of the subcommittee. The president of a subcommittee should be one of the directors. The members of a subcommittee could be recruited inside or outside of the board.
A subcommittee should execute its role under the supervision of The Board of Directors. The Board of Directors can change the role, stop or revoke a subcommittee with majority votes.
The Corporation shall have the following Officers: President, Vice President, Secretary, and Treasurer, and such other Officers as the Board may designate by resolution and appoint pursuant to Section 6.3. Officers need not be Directors. One person may hold two or more offices, except no person serving as Secretary, Treasurer, or Chief Financial Officer may serve concurrently as President or Chair of the Board.
Above mentioned officers, including President, shall be selected by a majority vote of the directors following the appointment or election of Directors at each annual meeting. The term of these position is 1-year, and there are no term limitations if the officer(s) is(are) re-elected.
The Officers of the Corporation, except those appointed in accordance with the provisions of Section 6.3 of this Article, shall be chosen by the Board of Directors, and each shall serve at the pleasure of the Board, subject to the rights, if any, of any Officer under a contract of employment.
The Board of Directors may appoint, and may authorize the President or any other Officer to appoint, any other Officers that the business of the Corporation may require, each of whom shall have the title, hold office for the period, have the authority, and perform the duties specified by the Bylaws or determined from time to time by the Board of Directors.
Subject to rights, if any, under any contract of employment, any Officer may be removed, with or without cause, by the Board of Directors, at any regular or special meeting of the Board, or, except in the case of an Officer chosen by the Board of Directors, by an Officer on whom such power of removal has been conferred by the Board of Directors.
Any Officer may resign at any time by giving written notice to the Board of Directors, the President, or the Secretary of the Corporation. Any resignation shall take effect at the date of receipt of that notice or at any later time specified in that notice. Unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any resignation shall be without prejudice to the rights, if any, of the Corporation under any contract to which the Officer is a party.
(a) President. The President shall be the chief executive officer of the Corporation. He or she shall have such other powers and duties as may be prescribed by the Board of Directors or these Bylaws. The President shall be responsible to the Board of Directors, shall see that the Board is advised on all significant matters of the Corporation’s business, and shall see that all orders and resolutions of the Board are carried into effect. The President shall be empowered to act, speak for, or otherwise represent the Corporation between meetings of the Board within the boundaries of policies and purposes established by the Board and as set forth in the Articles of Incorporation and these Bylaws. The President shall be responsible for keeping the Board informed at all times of staff performance as related to program objectives, and for implementing any personnel policies adopted by the Board.
(i) Book of Minutes. The Secretary shall keep or cause to be kept, at the principal executive office or such other place as the Board of Directors may direct, a book of minutes of all meetings and actions of Directors and committees of Directors, with the time and place of holding regular and special meetings, and if special, how authorized, the notice given, the names of those present at such meetings, and the proceedings of such meetings.
(ii) Notices and Other Duties. The Secretary shall give, or cause to be given, notice of all meetings of the Board of Directors required by the Bylaws to be given. The Secretary shall have such other powers and perform such other duties as may be prescribed by the Board of Directors or the Bylaws.
(i) Books of Account. The Treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct books and records of accounts of the properties and business transactions of the Corporation, including accounts of its assets, liabilities, receipts, disbursements, gains, losses, capital, and other matters customarily included in financial statements. The books of account shall be open to inspection by any Director at all reasonable times.
(ii) Deposit and Disbursement of Money and Valuables. The Treasurer shall deposit all money and other valuables in the name and to the credit of the Corporation with such depositors as may be designated by the Board of Directors; shall disburse funds of the Corporation as may be ordered by the Board of Directors; shall render to the President and Directors, whenever they request it, an account of all financial transactions and of the financial condition of the Corporation; and shall have other powers and perform such other duties as may be prescribed by the Board of Directors or the Bylaws.
(iii) Bond. If required by the Board of Directors, the Treasurer shall give the Corporation a bond in the amount and with the surety specified by the Board for the faithful performance of the duties of his or her office and for restoration to the Corporation of all its books, papers, vouchers, money, and other property of every kind in his or her possession or under his or her control on his or her death, resignation, retirement, or removal from office.
The Corporation shall keep at its principal executive office the original or a copy of its Articles and Bylaws as amended to date.
The accounting books, records, and minutes of the proceedings of the Board of Directors and any committee(s) of the Board of Directors shall be kept at such place or places designated by the Board of Directors, or, in the absence of such designation, at the principal executive office of the Corporation. The minutes shall be kept in written or typed form, and the accounting books and records shall be kept in either written or typed form or in any other form capable of being converted into written, typed, or printed form.
Every Director shall have the absolute right at any reasonable time to inspect all books, records, and documents of every kind and the physical properties of the Corporation and each of its subsidiary corporations. This inspection by a Director may be made in person or by an agent or attorney, and the right of inspection includes the right to copy and make extracts of documents.
(f) The amount and circumstances of any indemnifications or advances aggregating more than $10,000 paid during the fiscal year to any director or officer of the Corporation pursuant to Article 8 of these Bylaws, unless such indemnification has already been approved pursuant to Section 8.1.
For each transaction, the report must disclose the names of the interested persons involved in such transaction and state such person’s relationship to the corporation, the nature of such person’s interest in the transaction and, where practicable, the value of such interest.
The report shall be accompanied by any report of independent accountants or, if there is no such report, by the certificate of an authorized officer of this Corporation that such statements were prepared without an audit from the books and records of this Corporation. Such report may be furnished to the directors by electronic transmission in accordance with Section 15.2 of these Bylaws.
The Corporation shall obtain a financial audit for any tax year in which it receives or accrues gross revenue of $2 million or more, excluding grant or contract income from any governmental entity for which the governmental entity requires an accounting. Any audited financial statements obtained by the Corporation, whether or not required by law, shall be made available for inspection by the Attorney General and by the general public within 9 months after the close of the fiscal year to which the statements relate. For 3 years, such statements (a) shall be available at the Corporation’s principal, regional, and district offices during regular business hours and (b) shall be made available either by mailing a copy to any person who so requests in person or in writing, or by posting them on the Corporation’s website.
This Corporation shall indemnify any person who was or is a party, or is threatened to be made a party, to any action or proceeding by reason of the fact that such person is or was an Officer, Director, or agent of this Corporation, or is or was serving at the request of this Corporation as a director, officer, employee, or agent of another foreign or domestic corporation, partnership, joint venture, or other enterprise, against expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with such proceeding, to the fullest extent permitted under the California Nonprofit Corporation Law.
In determining whether indemnification is available to the Director, Officer, or agent of this Corporation under California law, the determination as to whether the applicable standard of conduct set forth in Corporations Code §5238 has been met shall be made by a majority vote of a quorum of Directors who are not parties to the proceeding. If the number of Directors who are not parties to the proceeding is less than two-thirds of the total number of Directors seated at the time the determination is to be made, the determination as to whether the applicable standard of conduct has been met shall be made by the court in which the proceeding is or was pending.
The indemnification provided herein shall not be deemed exclusive of any other rights to which those indemnified may be entitled, and shall continue as to a person who has ceased to be an agent and shall inure to the benefit of the heirs, executors, and administrators of such a person.
This Corporation shall have the power and shall use its best efforts to purchase and maintain insurance on behalf of any Director, Officer, or agent of the Corporation, against any liability asserted against or incurred by the Director, Officer, or agent in any such capacity or arising out of the Director’s, Officer’s, or agent’s status as such, whether or not the Corporation would have the power to indemnify the agent against such liability under Section 8.1 of these Bylaws; provided, however, that the Corporation shall have no power to purchase and maintain such insurance to indemnify any Director, Officer, or agent of the Corporation for any self-dealing transaction, as described in Corporations Code §5233.
(a) No Director or Officer of this Corporation, nor any other corporation, firm, association, or other entity in which one or more of this Corporation’s Directors or Officers are directors or have a material financial interest, shall be interested, directly or indirectly, in any contract or other transaction with this Corporation, unless (i) the material facts regarding such Director’s or Officer’s financial interest in such contract or transaction and/or regarding such common directorship, officership, or financial interest are fully disclosed in good faith and are noted in the minutes, or are known to all members of the Board prior to consideration by the Board of such contract or transaction; (ii) such contract or transaction is authorized in good faith by a majority of the Board by a vote sufficient for that purpose without counting the vote or votes of such interested Director(s); (iii) prior to authorizing or approving the transaction, the Board considers and in good faith determines after reasonable investigation under the circumstances that the Corporation could not obtain a more advantageous arrangement with reasonable effort under the circumstances; and (iv) this Corporation enters into the transaction for its own benefit, and the transaction is fair and reasonable to this Corporation at the time the transaction is entered into.
(b) The provisions of this Section do not apply to a transaction which is part of an educational or charitable program of the Corporation if it: (i) is approved or authorized by the Corporation in good faith and without unjustified favoritism; and (ii) results in a benefit to one or more Directors or Officers or their families because they are in the class of persons intended to be benefited by the educational or charitable program of this Corporation.
The Corporation shall not make any loan of money or property to or guarantee the obligation of any Director or Officer, unless approved by the Attorney General of the State of California; provided, however, that the Corporation may advance money to a Director or Officer of the Corporation for expenses reasonably anticipated to be incurred in the performance of the duties of such Director or Officer, provided that in the absence of such advance such Director or Officer would be entitled to be reimbursed for such expenses by the Corporation.
The Corporation shall adopt a Conflict of Interest Policy (Policy). Policy supersedes any relevant issues if the terms of Bylaws inconsistent with the terms in the Policy.
The fiscal year of the Corporation shall end on 12/31.
These Bylaws may be adopted, amended, or repealed by a 2/3 (or 67%) vote of the entire Board of Directors; provided, however, that amendment or repeal of Section 4.3, Section 4.5, or this ARTICLE 11 shall require the ⅔ (67%) approval of the Board of Directors.
A member is a person who is interested in the activities of SDAAFE and is an email subscriber of SDAAFE. No membership fee or voluntary hour is required.
Other than specifically indicated in Section 4.3, this Corporation shall not have voting members within the meaning of the California Nonprofit Corporation Law. The Board of Directors may admit members of one or more classes having such rights and obligations as the Board shall deem appropriate from time to time. No members other than the members specified in Section 4.3 may request the name list of current voting members.
Any voting member who makes a lump sum contribution to SDAAFE in an amount of $1,000 or more will be qualified as a “life time voting member”. No future annual membership fees are required to maintain this status. This life time membership contribution counts starting January 12, 2019, and other historical membership contribution in previous years does not count.
In any period in which the Corporation is a private foundation, as defined in Internal Revenue Code §509, this Corporation shall make distributions at such time and in such manner as not to subject the Corporation to tax under Internal Revenue Code §4942, and the Corporation shall not (i) engage in any act of self-dealing, as defined in Internal Revenue Code §4941(d), (ii) retain any excess business holdings, as defined in Internal Revenue Code §4943(c), (iii) make any investments in such manner as to subject the Corporation to tax under Internal Revenue Code §4944, or (iv) make any taxable expenditures, as defined in Internal Revenue Code §4945(d).
This Corporation shall not accept any contribution from any “prohibited person.” For purposes of this Section, a “prohibited person” is: (i) a person who controls, directly or indirectly, either alone or with persons listed described in (ii) and (iii) below, the governing body of this Corporation or any successor organization; (ii) a member of the family of an individual listed in (i) above; or (iii) a corporation, partnership, trust, or estate more than 35 percent of which is actually or constructively controlled by persons described in (i) or (ii) above. For purposes of this Section, a member of an individual’s family includes his or her spouse, ancestors, children, grandchildren, great-grandchildren, and spouses of children, grandchildren, and great-grandchildren, as well as the individual’s brothers and sisters, by whole or half blood, and their spouses.
Unless the context requires otherwise, the general provisions, rules of construction, and definitions in the California Nonprofit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the above, the masculine gender includes the feminine and neuter, the singular number includes the plural, and the plural number includes the singular.
Subject to any guidelines and procedures that the Board of Directors may adopt from time to time, the terms “written”, and “in writing” as used in these Bylaws include any form of recorded message in the English language capable of comprehension by ordinary visual means and may include electronic transmissions, such as facsimile or email, provided (i) for electronic transmissions from the Corporation, the Corporation has obtained an unrevoked written consent from the recipient to the use of such means of communication; (ii) for electronic transmissions to the Corporation, the Corporation has in effect reasonable measures to verify that the sender is the individual purporting to have sent such transmission; and (iii) the transmission creates a record that can be retained, retrieved, reviewed, and rendered into clearly legible tangible form.
That the foregoing Bylaws consisting of 20 pages were adopted as the Bylaws of the Corporation by the Directors of the Corporation on _____________________, and the same do now constitute the Bylaws of said Corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name this ____________.


Bankruptcy is a legal method of eliminating debt and providing a way to get a “fresh start.” In many cases, bankruptcy means the elimination of the debt that you owe to your creditors. There are two main types of bankruptcy for consumer debts: Chapter 7 and Chapter 13.
Will filing bankruptcy stop bill collectors calling or garnishing me?
Yes. When you file bankruptcy, federal law imposes an “automatic stay” which prevents your creditors from taking any action against you in order to collect debts, including court judgments and tax debts while the bankruptcy case is pending. For example, if one of your creditors has taken you to court over a debt, the bankruptcy filing will stop the lawsuit. Any wage garnishments will also stop.
May I file bankruptcy jointly with my spouse?
Yes. A husband and wife may file a joint petition, but they are not forced to file jointly. If a joint petition is filed, only one petition is filed and only one filing fee is charged.
Should I feel ashamed to file bankruptcy?
There is a lot to think about before filing bankruptcy, however feeling ashamed should not be among them. Bankruptcy no longer seems to have the stigma attached to it that it once did. This could be one of the reasons that the number of filings has been dramatically increasing over the last several years. Long term, you have to do what’s best for you and your future financial situation.
How much does it cost to meet with you?
The initial consultation is free. At that time our bankruptcy lawyer can provide you with your best options and advise you as to how to proceed if you choose to file bankruptcy.
What documents should I bring with me to my first consultation?
You should bring your last two years of tax returns (State and Federal); proof of income information (such as pay stubs, retirement benefits, rental income), and evidence of child support payments and alimony, if applicable. You should also bring your bills or a list of all of your creditors (with mailing addresses), both secured and unsecured, account numbers, and the amount owing to each. This Includes your mortgage, installment loan, and automobile payment books or stubs, if applicable. If necessary, our lawyers can order a credit report for you to get a more detailed list of creditors.
Do I have to pay my bills during the bankruptcy?
For the most part, the answer is no. For specific property (usually secured), such as your mortgage and your vehicle loan that you plan on keeping, you should continue to make payments. Also, for expenses such as rent and utilities you should keep making payments. You should stop making payments on other old debts incurred before the bankruptcy, such as credit cards.
For a typical Chapter 7 case, the discharge of your debts usually takes about 3 ½ months. A Chapter 13 takes from 3 to 5 years, depending upon the length of your Plan.
The record of filing bankruptcy may stay on your credit report for up to 10 years. However, by making payments on time after your bankruptcy you can rapidly improve your credit rating. You may be able to purchase a home within 1 to 3 years of filing bankruptcy.
As a matter of fact, in many cases filing bankruptcy may actually help your credit rating because discharging your debts greatly improves your debt-to-income ratio, which is a major factor creditors look at when judging your “creditworthiness”.
Will I have to give up any of my property to my creditors?
Most filers get all or most of their debts discharged (wiped-out) without giving up any of their own property. This is because federal as well as state laws provide exemptions for your property. Exempted property is property such as household goods and personal belongings, which you are allowed to keep despite your bankruptcy.
Do I have to list all of my assets in my case?
Yes. You are under penalty of perjury when you fill out your bankruptcy petition. Knowingly and fraudulently hiding your assets from the bankruptcy court is a federal offense and the court has the power to deny you a discharge.
What is term life insurance vs. whole life insurance?
With term insurance, you’re covered only during the life of the policy (20-year term, 30-year term, etc.), so long as you’re paying the premiums. It has no cash value while you are alive.
Whole life insurance, meanwhile, is designed to cover you for your entire life. These policies charge you a fixed premium each year, one that’s typically higher than term insurance. While part of the premium covers what term insurance would cost, the surplus resides in an account that pays interest and accumulates a cash value. You are able to borrow from this account depending on the amount you have accumulated. This amount is referred to as the “cash surrender value.” If you have this type of policy, we will need to know what the cash surrender value is at the time you file your case, so please provide that to us in writing.
Do I have to list all of my debts in my case? What about my mortgage and vehicle note?
Yes. You must list all debts, including any debts that you intend to keep paying. This includes debts you owe to your family and friends. It also includes your mortgage and vehicle loans. Failing to disclose your creditors can result in you still owing that debt even after receiving your bankruptcy discharge or the denial of your discharge.
Can I keep any of my existing credit cards?
Any credit card accounts that have a zero balance at the time of filing are not technically creditors and thus are not discharged in bankruptcy. Usually these creditors will allow you to keep your credit with them. However, some do not and the credit card company may close your account with it. This is based on their individual policies.
Will everyone find out that I filed?
While bankruptcy filings are public record, most people will not find out unless you tell them or they check the public records. Therefore the only people who usually find out that you are in a bankruptcy are creditors whose debts you have listed on the petition or with whom you apply for credit.
No. If your employer finds out about your bankruptcy, it is against federal law to discriminate against someone for filing bankruptcy.
Can I be rejected for student loans for filing bankruptcy?
No. It is against federal law to deny someone a student loan because they filed bankruptcy.
I filed my case, what happens next?
The filing of your case imposes an “automatic stay” which prevents your creditors from taking any action to collect debts against you, including court judgments and tax debts during the bankruptcy. The Court through a mailed notice will notify your creditors. If your creditors contact you after the filing of the case, please document who called you and let your Alexandria bankruptcy attorney know right away. You will receive a Notice of §341 Meeting of Creditors in the mail shortly after filing which will provide you with your scheduled Court dates. If you don’t get anything within two weeks of filing, please contact our office.
Where do I go for the §341 Meeting of Creditors?
What happens if I can’t go to my §341 meeting?
If there is a conflict or a legitimate reason you cannot attend, let us know as soon as you are aware of the issue. We can request a continuance, which are normally granted if there is a good reason.
What happens if I missed my §341 meeting?
This is very serious and can lead to the dismissal of your case. Call our bankruptcy attorneys, as soon as you realize the problem and we will discuss your options.
Can I bring my cell phone to my §341 Meeting of Creditors?
In Richmond, Charlottesville, Baltimore and the District of Columbia, you cannot bring your cell phone into your §341 Meeting because they are held in the Courthouse. Please leave it in your vehicle.
In Alexandria, Harrisonburg and Greenbelt you can bring it with you, but please turn if off to avoid any phone calls.
Where is the U.S. Bankruptcy Court located?
Can I bring my cell phone to the Bankruptcy Court?
You cannot bring your cell phone into Court. Please leave it in your vehicle.
What should I do if I move during the life of the case?
You must immediately notify us, your bankruptcy attorneys, so that we can update the bankruptcy court and the Trustee in writing of the new address. Most communications in bankruptcy are by mail, and if you fail to receive information mailed out by the court or the Trustee, the case may be dismissed or you may fail to receive your discharge.
I forgot to list some of my creditors, can I add them to my case?
Yes, you can still add them. Contact us so that we, as your bankruptcy attorneys, can have you sign the necessary forms and pay the required Court costs.
If you are in a Chapter 13, you unfortunately cannot add creditors once the Court has confirmed your Plan.
My money has been garnished, how long will it be before it can be recovered?
This depends on the specific case. Normally this can be resolved in no more than two weeks, but in some instances it can take longer. Some of this is out of our control, as it involves the creditor filing documents in State Court and the Judge signing the relevant documents.
What do I do if my creditors contact me after I file my case?
Make sure you document who calls you and when. Let them know that you have filed bankruptcy and that our office represents you. Then let us know if they contact you again. This is a violation of the bankruptcy automatic stay and can have serious consequences for the creditor if they abuse the system.
Where do I send my mortgage and vehicle payments?
Send them to the address on your mortgage statement or vehicle loan statement unless you get something from the creditor giving you an alternate bankruptcy payment address. Keep proof of all of the payments that you make.
My mortgage and/or vehicle statements have stopped coming, what happened?
This sometimes happens after a bankruptcy case is filed, but that does not mean payments are not due. Keep making payments to the correct address and include your account number with the payment. Keep proof of all of the payments that you make. You can also make a written request to the creditor that they resume sending you the statements.
I have automatic payments set up for my mortgage and/or vehicle note, will these continue?
No, most of the time this will stop once you file your case. You need to make the payments directly yourself if this happens. Keep proof of all payments that you make.
My mortgage company and vehicle creditor won’t accept payments, what do I do?
Contact our office immediately. This usually means that you have fallen behind on your payments and they are no longer willing to accept partial payments. We are often able to work something out with the creditor permitting you can resume making payments and get caught up, but the sooner you contact us, the easier it is for us to help you.
Chapter 7 bankruptcy is the most common form of bankruptcy. This Chapter is also called liquidation bankruptcy. Most consumer or business debts are dischargeable (i.e., may be eliminated) under Chapter 7 bankruptcy. You will be able to stop creditor calls, lawsuits, and garnishments. You can use the Chapter 7 to get a fresh start with your finances. Click here for more information.
You have never filed before- OR -You have not received a discharge under Chapter 7 Bankruptcy in the last 8 years- OR -You have not received a discharge under Chapter 13 Bankruptcy in the last 6 years.
What happens when I file for Chapter 7?
A Chapter 7 Bankruptcy case typically lasts about 3 ½ months. Once a case is filed in the United States Bankruptcy Court, it is assigned a case number and a Chapter 7 Trustee. For a simple timeline, click here.
Between 30-45 days after filing, you will have to attend a hearing called a 341 Meeting of Creditors. Despite the name, creditors very rarely appear at the 341 Meeting of Creditors. Typically, during the 341 Meeting of Creditors you meet your Chapter 7 Trustee and he/she asks you questions about your finances and property. The Trustee determines whether you have any assets that cannot be protected by law which can be used to pay your creditors.
Will filing a Chapter 7 stop my foreclosure?
If you are behind on your mortgage payments, the Bankruptcy Court will postpone the foreclosure until your case is discharged or until your creditor/mortgage holder files a Motion for Relief from Stay. If the Court grants your creditor/mortgage holder’s Motion for Relief from Stay, the Bankruptcy protection over your property will be removed and the lender may proceed to foreclosure.
If you are looking to save your property and stay in your home, you may consider filing Chapter 13 Bankruptcy. Chapter 7 Bankruptcy will not provide long-term assistance to cure any mortgage default.
Will I lose my car when my Chapter 7 case is filed?
Generally, while your Chapter 7 Bankruptcy Case is pending, your lender may not repossess your vehicle—if you remain current on your car payments and maintain automobile insurance. If you are behind on your car payment, your lender may file a Motion for Relief from Stay. If the Court grants the lender’s Motion for Relief from Stay, the Bankruptcy protection over your vehicle will be removed and the lender may repossess the vehicle.
Will I lose any of my personal possessions or belongings?
Most state laws allow you to protect your personal possessions. In most instances, your personal property, including household items, wearing apparel, and automobiles can be fully protected. Depending on the classification, most retirement savings plans are fully protected. Other investment accounts may be fully protected, depending on their balances.
You must list all creditors except accounts with zero balance. If you no longer owe individuals or companies money, they are not creditors.
Are some of my debts not discharged in Chapter 7?
Some kinds of debts are non-dischargeable, i.e. you will remain obligated to repay them even after you complete your personal bankruptcy. Some examples of non-dischargeable debts are certain State and Federal taxes, court fines, child support and student loans. Click here for more information.
How often can I get a Chapter 7 discharge?
You can get a discharge if it has been 8 years since you last filed a Chapter 7 bankruptcy where you received a discharge, OR if it has been 6 years since you last filed a Chapter 13 bankruptcy where you received a discharge (unless you paid back at least 70% of your debts in the Chapter 13 and you made your best effort to pay back as much as you could afford).
Who is the Chapter 7 Trustee?
A Chapter 7 Trustee is a person appointed by the United States Trustee’s office to review your case and determine if you have any assets that can be liquidated to repay some of your debts. You must always cooperate fully and promptly with the Chapter 7 Trustee.
Yes. A pending Chapter 7 case can be converted to Chapter 13 at any time at the request of the debtor, if the case has not been previously converted to Chapter 7 from Chapter 13 and the debtor is eligible for Chapter 7.
When do I have to complete my second class (Financial Management) by?
This class needs to be completed within 60 days of the original date of your §341 Meeting of Creditors. Failure to complete it and provide it to our office within that time period will result in the closure of your case without getting your discharge. Please complete the class as soon as possible to avoid any issues or additional costs.
What do I need to bring to my §341 Meeting of Creditors?
In most cases, you have provided our office with the Court-required documents prior to your Court date. All you need to bring to this meeting is your government–issued photo ID, proof of Social Security number (Social Security card, recent W-2 form, etc.) and your bank statements for all of your bank accounts showing the balance in the accounts on the date that you filed your case. There may be additional documents requested that are specific to your case. If you have any additional questions about what to bring, please contact our bankruptcy attorneys.
You will also need to read the U.S. Trustee information sheet prior to your meeting. Please click here to find the sheet in the language you require.
I just went to my §341 Meeting of Creditors, when will I get my discharge?
You should receive your discharge about 70 days after your meeting of creditors. You will receive it in the mail from the Court barring any issues in your case. If it has been longer than that, call our office and we will look into it for you.
I have voluntary payments set up with some of my creditors, what should I do with them?
You must contact them and stop the payments immediately (other than your mortgage and vehicle note, if you are keeping them). Voluntary payments may continue if you do not stop them yourself, and the creditor is not obligated to refund you the money if you send it voluntarily.
I have a title loan lien on my vehicle, what do I do to keep it?
You have put your vehicle up as collateral in order to get this loan. Therefore, the vehicle secures the loan. The payments need to be made in a timely manner until the loan is paid in full if you want to keep the vehicle. Please contact our bankruptcy attorneys to discuss if this is in your best interest.
A reaffirmation is an agreement presented to the Court whereby you promise to keep paying on the debt that you are reaffirming. The debt is not discharged by your bankruptcy. These agreements are voluntary, must not place a heavy burden on you or your family, and must be in your best interest. They can be cancelled anytime before your discharge is entered or within 60 days from when the agreement is filed with the Court, whichever gives you the most time. They must be filed prior to your discharge being entered to be valid. Please contact our office if you want to reaffirm a debt so that we can discuss whether that is in your best interest.
Do I have to reaffirm my vehicle note to be able to keep my vehicle?
No, these agreements are voluntary. However, certain vehicle creditors (Ford Motor Credit, Chrysler, Suntrust, TD Bank, BB&T, etc.) require this to be done in order for you to keep your vehicle. Other vehicle creditors are more flexible and allow you to keep your vehicle so long as you are current on your payments and it remains insured. You need to contact our office to discuss this matter.
Do I have to reaffirm my mortgage to be able to keep my house?
No, this requirement only relates to personal property, like vehicles. It does not apply to mortgages. Mortgage reaffirmations are very rare and are not advised.
Can I return my vehicle to my vehicle creditor after I file Chapter 7? What will happen?
Yes, you can return your vehicle after filing, even if you initially intended to keep it. So long as you did not reaffirm the debt, the debt will be discharged and you will not be left owing anything.
What happens if I surrender my house?
Your mortgage company will be notified when you file your case and will begin the foreclosure process. It is a good idea to keep up with your property insurance until the property goes to foreclosure.
If you have a homeowners’ or condo association, you are liable for any dues owed on the property from the time when the case is filed until when the property goes to foreclosure and the deed is no longer in your name. You are liable for any property taxes on the same property until the deed is no longer in your name. This may take some time due to the current market conditions. You should keep paying at least your association dues until this happens to prevent owing large amounts later.
What do I need to do if I want to short sell my real estate?
Please contact our office immediately if you want to do this while you are in your bankruptcy. You will need court authorization to proceed with this.
What are the effects on my credit report?
Depending on your income and re-established credit history, you may qualify for new credit cards and/or loans within months after you receive your discharge. Many lenders offer loans specifically for previous Bankruptcy filers. In fact, in many cases filing bankruptcy may actually help your credit score because discharging your debts greatly improves your debt-to-income ratio, which is a major factor creditors look at in judging your “creditworthiness”.
How much do you charge to file a Chapter 7?
The court filing fee is $306 for either a single or a joint case. Our legal fee for handling the Chapter 7 case is in addition to the filing fee. The rates are usually set on a flat-fee basis, and are very reasonable for the services provided. Fees are normally set after the initial consultation, which is free. Fees are based on the complexity of the case, as well as other relevant factors. All of the fees must be paid in full prior to filing the case, but installment payments are accepted to allow you more flexibility. We are also willing to assist you in setting up automated installment payments if you so desire.
Under a Chapter 13 bankruptcy, you propose a 3 to 5 year repayment Plan to your creditors. This offers to pay off some percentage of your debts from your future income. The amount to be repaid is determined by several factors including your disposable income, what types of debts you have and the value of your non-exempt assets, if any. To file under this Chapter, you must have a “regular and stable source of income” and have some disposable income available each month. Click here for more information.
When is a Chapter 13 a better alternative than a Chapter 7?
There are several situations where a Chapter 13 is preferable to a Chapter 7. A Chapter 13 bankruptcy is normally filed if you are behind on your mortgage or vehicle payments and are trying to avoid foreclosure or repossession. A Chapter 13 bankruptcy allows you to make up your overdue payments over time and to reinstate the original agreement. Chapter 13 also works if you have too much income to file a Chapter 7 bankruptcy or have the kind of debt that is non-dischargeable in a Chapter 7 (e.g. certain taxes, support obligations or fines). Also, if you have valuable property that cannot be exempted (i.e., protected) and you want to keep it, a Chapter 13 may be a better option. Click here for more information.
However, for the vast majority of individuals who simply want to eliminate their heavy debt burden without paying any of it back, Chapter 7 provides the most attractive choice.
How often can I file Chapter 13?
You can get a discharge in a Chapter 13 so long as you have not received a Chapter 7 discharge within 4 years of filing your new case; OR you have not received a Chapter 13 discharge within 2 years of filing your new case. However, you can file a Chapter 13 case even if you cannot get a discharge (such as in cases where you want to pay mortgage or vehicle arrears).
If your prior Chapter 13 case was dismissed, you need to discuss this matter with us to determine when you are able to file again.
How does filing a Chapter 13 affect foreclosure sales, repossessions or collection proceedings?
The filing of a Chapter 13 automatically stays (i.e., stops) all foreclosures, repossession, lawsuits, attachments, garnishments and other actions by creditors against you or your property. Soon after the case is filed, the court will mail a notice to all your creditors of the filing. Certain creditors may be notified sooner, if necessary. Normally, creditors cannot proceed against you during the entire course of the Chapter 13 case.
What will it cost to file for a Chapter 13 bankruptcy?
The court filing fee is $281 for either a single or a joint (i.e., both husband and wife filing together) case. Our legal fee for handling the Chapter 13 case is in addition to the filing fee. The rates are usually set on a flat-fee basis, and are very reasonable for the services provided. Fees are normally set after the initial consultation, which is free. Fees are based on where you will be filing, complexity of the case, as well as other relevant factors. Usually a portion of the fee must be paid in full prior to filing the case, with the balance to be paid though your Chapter 13 Plan. We are also willing to assist clients in setting up automated installment payments if you so desire.
How is Chapter 13 different from a debt consolidation service?
In a Chapter 13, the bankruptcy court can help you in ways that debt consolidation services cannot. For example, the court can prohibit creditors from foreclosing on the your property, force unsecured creditors to accept a Chapter 13 Plan that pays only a percentage of their claims, and discharge you from the unpaid portions of debts. Unlike with debt consolidation, the forgiveness of this debt does not have tax consequences to you. The bankruptcy code forces all of your creditors to be a part of your bankruptcy, unlike a debt consolidation where only some of your creditors may choose to participate, leaving others to collect against you. Additionally, interest on debts does not normally accrue during the Chapter 13 process (except for student loans), which can save you significant amounts of money.
What debts may be paid under a Chapter 13 Plan?
Any debts, whether they are secured or unsecured. Even debts that are non-dischargeable, e.g., student loans, alimony or child support, may be paid under a Chapter 13 Plan.
Must all of my debts be paid in full under a Chapter 13 Plan?
Yes and no. Priority debts, (e.g., alimony, child support and certain taxes) and fully secured debts (e.g., mortgage arrears) must be paid in full under a Chapter 13 Plan. However, only an amount that the debtor can reasonably afford must be paid on most unsecured debts. The unpaid balances of your unsecured debts that are not paid in full under a Chapter 13 Plan are discharged when the Plan is completed.
How much of my income must be paid to the Chapter 13 Trustee under the Chapter 13 Plan?
All of your household’s disposable income (this includes a portion of your spouse’s income) for a 3 to 5 year period must be paid to the Chapter 13 Trustee. Disposable income is income received by the debtor and his or her spouse over and above what is needed to pay for necessary monthly expenses for the household. Our office will help you come-up with an affordable Plan that resolves your situation.
A Chapter 13 Plan must last for at least three years, unless all debts can be paid off in full in less time. If necessary, a Chapter 13 Plan can last as long as five years.
How are cosigned or guaranteed debts handled in Chapter 13?
If a cosigned or guaranteed consumer debt is being paid in full under a Chapter 13 Plan, the creditor may not collect the debts from the cosigner or guarantor. However, if a consumer debt is not being paid in full under the Plan, the creditor may seek court permission to collect the unpaid portion of the debt from the cosigner or guarantor. A consumer debt is a non-business debt. Creditors may collect business debts from cosigners or guarantors even if the debts are to be paid in full under the debtor’s Plan.
Must all unsecured creditors be treated alike in the Chapter 13 Plan?
No. If there is a reasonable basis for doing so, unsecured debts can be divided into separate classes and treated differently. As such, it may be possible to pay certain unsecured creditors in full, while paying little to nothing to others. Usually this is done if there is a co-debtor on the debt owed.
A Chapter 13 Trustee is a person appointed by the United States Trustee’s office to collect your payments, send these funds to your creditors as set out in the debtor’s Plan, and administer your Chapter 13 case until it concludes. You must always cooperate fully and promptly with the Chapter 13 Trustee.
When must I begin making payments to the Chapter 13 Trustee?
Payments to the Chapter 13 Trustee must begin within 30 days after your case is filed with the court, and the Plan must be filed with the court within 14 days after the case is filed.
Where do I mail my Plan payments?
In most cases, you have provided our office with the Court-required documents prior to your Court date. Unless we tell you otherwise, all you need to bring to this meeting is your government–issued photo ID, proof of Social Security number (Social Security card, recent W-2 form, etc.) and your bank statements for all of your bank accounts showing the balance in the accounts on the date that you filed your case. There may be additional documents requested that are specific to your case. If you have any additional questions about what to bring, please contact our DC bankruptcy lawyers.
What do I need to do to keep my house or my vehicle? When do I start making the payments again?
In order to keep your house and your vehicle, you must stay current with your loan payments. Your payments are due the very next date that a payment comes due under your contract following the date on which you filed your bankruptcy case.
For example, if your mortgage is due on the 1st of each month and you file your case on June 1st, your mortgage payment would be due on July 1st. If you file your case on June 30, your mortgage payment would be due on July 1st. Make sure you review your statement to make sure of the date your payments are due. Keep proof of all payments that you make.
What should I do if I start falling behind on my mortgage or vehicle payment after filing my case?
Contact our office immediately. We may be able to work something out with your creditor. The earlier we know that you are in trouble, the more we may be able to do for you.
I received a Motion for Relief from the Automatic Stay? What is this and what do I do?
Contact our office immediately. This means that one of your creditors believes that you have fallen behind on your payments and is seeking permission to collect against you, usually through a repossession or foreclosure. If you dispute what they claim in the Motion, gather up the proof of your payments, we will need this to resolve this for you.
Is my employer notified when I file a Chapter 13?
In most cases, yes. The courts require you make payments to the Chapter 13 Trustee by means of a wage deduction against your income. However, if there are compelling reasons for not informing your employer, it may be possible to make other arrangements for the payments.
How long does it take before the Plan payments start coming out of my paycheck?
This varies and depends on your payroll department. Remember that you are responsible for these payments until they start coming out of your paycheck. Make sure to review your paycheck each pay period. If the deduction has started, you don’t need to do anything else. If it has not started, send in half of the amount (if you are paid bi-weekly or semi-monhtly) or the whole amount (if you are paid monthly) you are supposed to pay each month. Repeat until you see the deduction start. This way you will avoid falling behind and avoid double-payments.
What should I do if I change jobs during the life of the case?
You must immediately notify us so that we can update the bankruptcy court and the Chapter 13 Trustee in writing of the new employment information. Failure to notify the Trustee will lead to a default on your Plan payments to the Trustee, and the case may be dismissed. If your income has changed (increasing or decreasing), please provide us with 2 to 3 pay stubs so that we can review your budget and determine how to proceed.
Can a Chapter 13 case be converted to Chapter 7?
Yes, so long as you are eligible for a Chapter 7. A pending Chapter 13 case can be converted to Chapter 7 at any time at your request. Please contact our office to discuss your options.
What happens if I am temporarily unable to make the Chapter 13 Plan payments?
Contact our office immediately. If you are temporarily unemployed or otherwise unable to make the payments required under your Chapter 13 Plan, the Plan may possibly be modified to allow you to resume payments when you are able to do so. If it appears that your inability to make the required payments will continue for an extended period, the case may be dismissed or converted to Chapter 7. The earlier we know that you are in trouble, the more we are able to do for you.
What do I do if my income increases?
Please notify us of any changes in income beyond a normal cost of living increase. The Court may need to be notified of this change in circumstance and your Plan may need to be adjusted accordingly.
Keep in mind that you must file your income tax returns every year and that you are required to provide the Chapter 13 Trustee with a copy of your tax returns every year that you are in the case–so the Trustee is going to see the change anyway. It is better to show them the change when it happens than to have them discover it months after the fact.
What do I need to do if I need to buy a vehicle while I am in bankruptcy?
You need Court authorization to incur new credit while you are in your case. Contact us immediately if you need to buy a vehicle so we can instruct you in how to proceed. Court authorization is not guaranteed, but in most cases so long as you are current with your Plan payments, the new vehicle payment is reasonable and your budget shows that you can afford it without affecting your Plan, the Court will allow it.
What do I need to do if I want to sell or short sell my real estate?
Please contact our office immediately if you want to do this while you are in your bankruptcy. You will need court authorization to proceed with this. Our bankruptcy lawyers will need a copy of the signed purchase/sale contract to provide to the Court, so have this ready for us.
What do I need to do if I have been approved for a mortgage loan modification?
Please contact our office immediately if you want to do this while you are in your bankruptcy. You will need court authorization to proceed with this. We will need a copy of the signed, approved loan modification agreement to provide to the Court, so have this ready for us.
Do I have to turn-over my tax refunds to the Chapter 13 Trustee?
Maybe. This is case specific, so please make sure to clarify this with your attorney so that you comply with the Trustee and the Court as necessary.
What if I decide to get out of my Chapter 13 case?
You have the right to either dismiss a Chapter 13 case or convert it to Chapter 7 at any time for any reason. If you wish to do so, you should contact us for assistance in doing so.
Contact a Virginia Bankruptcy Lawyer at Andrews Law Firm for more information.


(1) Vita 34 AG (hereinafter referred to as Vita 34) pursues the collection, processing and storage of umbilical cord blood and umbilical cord tissue.
(2) The child as the owner shall be solely entitled to the power of disposal of the umbilical cord blood preparation; the use by Vita 34 or third parties shall be excluded. Until it reaches the legal age, the persons having the care and custody (hereinafter referred to as “legal representatives”) shall represent the child.
(3) Umbilical cord blood is the foetal blood from the placenta and the attached umbilical cord that is collected immediately after the umbilical cord was cut. Umbilical cord tissue is collected by cutting the umbilical cord a second time near the placenta after the umbilical cord blood was cut and the umbilical cord blood collected. The full extent of future applications of umbilical cord blood and umbilical cord tissue cannot yet be foreseen at present.
(4) The umbilical cord blood and umbilical cord tissue is processed and stored at the company’s GMP laboratory (GMP = Good Manufacturing Practice pursuant to the EU GMP directive for medicinal products for human and veterinary use). Umbilical cord blood is subject to the German Pharmaceuticals Act (AMG). Vita 34 has the manufacturing license pursuant to § 13 AMG to collect and store umbilical cord blood and the manufacturing licenses pursuant to § 20b and 20c AMG to collect and store umbilical cord tissue. The collection of umbilical cord blood and umbilical cord tissue requires the availability of a manufacturing license for the birth centre as well. If the delivery takes place in a birth centre that does not collaborate with Vita 34, Vita 34 shall be exempt from all obligations resulting from this contract, as their fulfilment has become impossible on legal grounds.
(1) The object of this contract is the collection and preparation of umbilical cord blood and, if applicable, umbilical cord tissue, the storage of the umbilical cord blood preparation and, if applicable, the umbilical cord tissue, as well as the services included in the selected type of contract (as at 08/01/2016). Professional processing and the preparation of the transport with the purpose of release to the prescribing doctor / other user shall be an object of the contract with regard to umbilical cord blood. The therapeutic application of the umbilical cord blood and/or umbilical cord tissue preparation shall not be the object of the contract.
(2) If the VitaPlusDonation option is selected, the data of the umbilical cord blood will be prepared in anonymous form and entered in a stem cell registry, subject to its corresponding suitability. The legal representatives shall agree to HLA typing of the child’s umbilical cord blood. If the remaining assessment of the umbilical cord blood at Vita 34 has the result that the criteria for an entry in a stem cell registry are not entirely complied with, the blood will be stored according to the selected type of contract and the data not be entered in a stem cell registry. If the umbilical cord blood is identified as being a suitable transplant for a patient and is requested by a transplantation centre, Vita 34 shall ask the legal representatives or the adult child in writing, whether the umbilical cord blood is to be released as transplant (donation) or not. If the legal representatives / adult child decide in favour of donating the umbilical cord blood, the entire preparation shall be released for transplantation. In such a case, the fees paid to Vita 34 pursuant to § 4 until that time (plus the average base rate for the elapsed period of storage) shall be refunded to the legal representatives. If the legal representatives / adult child decide against the donation, the storage of the umbilical cord blood shall be continued according to the conditions as agreed and the entry in the stem cell registry deleted.
VitaMine&Yours are not met, then Vita 34 prepares the umbilical cord blood entirely as a personal provision for the child.
1. The overall responsibility for the collection of umbilical cord blood.
2. The delivery of a collection kit.
3. The assignment of the selected birth centre or attending physician or freelance midwife (hereinafter referred to as the person collecting the umbilical cord blood) collaborating with Vita 34 in Germany with the collection of the umbilical cord blood. The assignment will also include the instruction to abstain from collecting the umbilical cord blood at one’s own discretion, if this is required from a medical point of view to protect the health of mother and child.
4. The transport of the umbilical cord blood from the birth centre to the facility of Vita 34.
5. The testing of the umbilical cord blood upon receipt for its suitability for preparation.
6. a) The preparation, cryo-preservation, and storage of the umbilical cord blood preparation.
6. b) The issue of a certificate of storage.
6. c) The quality control of the umbilical cord blood preparation pursuant to the legal requirements in Germany.
7 The professional processing and preparation of the transport with the purpose of the physician / other user after repeated testing of the umbilical cord blood preparation; free transport to any centre of application in Germany.
8. The rendering of the services included in the selected type of contract (as at 08/01/2016). In case umbilical cord tissue is stored, the items 1 to 6 and 8 shall be accordingly applicable.
(2) If the tests pursuant to § 2 sec. 1 no. 5 have the result that the preparation of the umbilical cord blood is impossible or not justifiable, Vita 34 shall inform the legal representatives in writing and destroy the umbilical cord blood. In case of the additional storage of umbilical cord tissue, the preparation and storage of the umbilical cord tissue shall also be effected if the umbilical cord blood has to be destroyed for the reasons given in clause 1, if there are no other opposing reasons and in particular, if tissue was collected in a sufficient quantity and quality.
(3) Vita 34 may use reliable subcontractors to fulfil its obligations.
(4) In case Vita 34 becomes insolvent, a special insurance is provided to ensure the continued storage of the umbilical cord blood and/or umbilical cord tissue for 50 years from the initial storage.
5) Consent form regarding tissue typing pursuant to German Genetic Diagnosis Act, if contract option VitaPlusDonation is selected.
2. Select only a birth centre collaborating with Vita 34, indicate the desired collection of umbilical cord blood and, if applicable, umbilical cord tissue again to the physician / midwife as well as hand the collection kit and the original deed of release provided by Vita 34 over to the person collecting the umbilical cord blood and, if applicable, the umbilical cord tissue immediately before the birth pursuant to § 7, section 2, clause 2.
3. Promptly notify Vita 34 in writing of the name/s of the child/children after the birth.
4. Promptly notify Vita 34 of blood-borne infectious diseases of the mother or the child occurring within twelve months after the birth (e.g. hepatitis B, hepatitis C, or HIV).
(2) The legal representatives shall consent to umbilical cord blood being collected after the cord of the child / children was cut. If the contract type VitaPlusCord is selected, this consent shall apply to the collection of umbilical cord tissue as well.
(3) The mother shall agree that a blood sample is taken from her to do the necessary infection-serology tests (including HIV) at the time of the birth (± 48 h).
(4) The legal representatives shall agree that the physician / midwife / clinic submits the findings / data obtained during the pregnancy / birth to Vita 34. This shall apply as well to findings obtained after transplantation of umbilical cord blood and/or umbilical cord tissue cells. The legal representatives shall release the medical personnel from their obligation to confidentiality in this respect. The legal representatives shall agree that Vita 34 submits findings obtained by Vita 34 (except the results of the preventive screening examination) as well as copies of medical documents to the attending gynaecologist and / or physician at the clinic and that Vita 34 complies with the statutory obligations to report specific medical parameters.
(5) If the contract option of a preventive screening examination is selected, the legal representatives shall agree that molecular-genetic diagnostic tests (preventive screening examination) are performed with the child’s umbilical cord blood in accordance with the given parameters. This consent can be revoked at any time with effect for the future. The legal representatives shall be entitled not to acknowledge the examination results or parts of such results and to have them destroyed. The legal representatives shall agree to the storage of the examination material for verification of the results; this sample shall be destroyed after ten years. The legal representatives shall furthermore agree that the laboratory submits the results of the analysis in confidence to Vita 34.
(1) Vita 34 shall receive a contract fee and an annual fee pursuant to the selected type of contract for the storage of a child’s umbilical cord blood and, if applicable, umbilical cord tissue according to the current price list. Vita 34 guarantees the amount of the annual fee for the first 20 years from the initial storage of the umbilical cord blood or umbilical cord tissue. As of the 21st year, Vita 34 shall reserve the right to adjust the annual fee in accordance with the officially established rate of price increase and increased relevant taxes that have accumulated since the beginning of the storage and to make this adjustment again after the expiry of five years respectively. If the annual fee for the first 25 years or the first 50 years is paid in advance, Vita 34 shall reserve the right to adjust the annual fee as of the 26th year or the 51st year in accordance with the officially established rate of price increase plus increased relevant taxes that have accumulated since the beginning of the storage and to make this adjustment again after the expiry of five years respectively.
(2) A down payment on the contract fee at the amount of 195 Euro is charged for each child upon conclusion of contract. After the successful storage, the invoice of the respective remainder of the contract fee is issued. Vita 34 will debit the annual fee directly from the given bank account every year in advance. If payment by instalments was agreed, the total receivables shall become due for payment, once two successive instalments were not paid on schedule.
(3) In case of multiple births, the full contract fee pursuant to sec. 1 will be charged for child 1 and only 50 percent of the contract fee for child 2; as of child 3, the contract fee shall be inapplicable. A down payment of 195 Euro is invoiced for child 1 and child 2. The annual fee must be paid for each stored preparation. If only one umbilical cord blood preparation can be stored, the annual fee or the compact price for child 1 plus the annual fee as of the initial storage of the umbilical cord blood or as of the child’s 25th birthday (VitaPlus25 or VitaPlusCord25) or as of the child’s 50th birthday (VitaPlus50 or VitaPlusCord50) will be charged.
(4) If the contract fee and, if applicable and depending on the selected type of contract, the annual fee is not paid within three months after the due date despite a request for payment, Vita 34 shall be entitled to cancel the contract and to destroy the umbilical cord blood and/or umbilical cord tissue preparation with eight weeks prior notice.
(5) Discounts and other benefits granted by Vita 34 (e.g. loyalty bonuses, special conditions for multiple births) cannot be combined with each other, do not apply to the down payment and are not granted with retroactive effect.
(6) If payment by instalments is required, financing by a partner bank is a possible option. The decision on the financing shall be made at the bank’s sole discretion.
(1) The term of the contract shall be unlimited and is in particular not limited to the storage periods in accordance with down payments made (VitaPlus25 or VitaPlusCord25 or VitaPlus50 or VitaPlusCord50).
(2) The legal representatives may cancel the contract in writing without stating reasons with effect of the child’s next birthday.
(3) The regular cancellation by Vita 34 shall be excluded. This shall not affect the right of extraordinary cancellation for cause of Vita 34 (e.g. default of payment pursuant to § 4).
(4) If the contract is cancelled by the legal representatives, neither the claim of Vita 34 for payment of the full contract fee and the annual fee already incurred until the time of the cancellation shall expire nor does a claim for refund or reimbursement of the down-payment exist.
1. Urgent medical reasons in terms of the legal regulations prevent the storage of the umbilical cord blood or umbilical cord tissue before the collection. Vita 34 shall notify the parents of this in writing.
2. The person collecting the umbilical cord blood or umbilical cord tissue refuses to execute the collection of umbilical cord blood and/or umbilical cord tissue orrefrains from the collection at his/her own discretion (§ 2 sec. 1 no. 3) or other reasons prevent the collection of umbilical cord blood or umbilical cord tissue.
3. The tests upon receipt of the umbilical cord blood and umbilical cord tissue pursuant to § 2 sec. 1 no. 5 show that a preparation is impossible or not justifiable pursuant to § 2 section 2.
4. The reasons for termination pursuant to no. 1 or no. 3 shall not apply to the contract type VitaPlusCord, if the preparation and storage of one of the products umbilical cord blood or tissue) is possible in compliance with the quality requirements. If the storage of umbilical cord blood or tissue is to be continued, the amount of the contract fee for the storage of umbilical cord tissue in such a case shall comply with contract fee for the storage of umbilical cord blood minus the down payment made at the amount of 195 Euro and, if applicable, plus the annual fee according to the selected type of contract.
(6) In case the contract is terminated pursuant to sec. 5, no. 1 to 3, Vita 34 shall receive only the down payment at the amount of 195 Euro. This shall not apply to cases as described in sec. 5, no. 4 (VitaPlusCord), to which the provisions stipulated therein shall apply.
(7) If a contract of the type VitaPlusCord is cancelled, the storage of umbilical cord blood and umbilical cord tissue may be cancelled separately. The amount of the annual fee for the respectively remaining storage complies with the annual fee for the storage of umbilical cord blood. The contract fee shall not be refunded.
(8) In case a contract with the option of preventive screening examination is terminated pursuant to sec. 5, no. 3, an additional fee at the amount of 390 Euro, VAT included, shall be paid to Vita 34 for each child for the provided findings of the preventive screening examination. This shall also apply to multiple births.
(9) If the contract is terminated pursuant to sec. 2, 3, 4, 5, and/or 7, the legal representatives shall agree that Vita 34 destroys the umbilical cord blood and/or umbilical cord tissue, unless the child disposes otherwise of the umbilical cord blood and/or umbilical cord tissue within eight weeks after the contract has ended pursuant to § 48 German Medical Preparations Act.
(10) Apart from the above stipulations, the contract shall terminate and thus the obligation to pay the annual fees, if Vita 34 submits the stored umbilical cord blood preparation to the attending physician upon his/her request. If the contract type VitaPlusCord was selected and only the umbilical cord blood preparation is released, the annual fee for the continued storage of the umbilical cord tissue preparation shall comply with section 7 as above.
The legal representatives shall agree that Vita 34 may assign all outstanding claims against them in whole or in parts and disclose the data required for this purpose as well as submit the required documents. The information and documents will be treated as strictly confidential and not abused.
(1) Vita 34 shall be liable for the object of the contract as given in § 1 clause 1 in accordance with the legal regulations.
(2) Vita 34 shall not assume any liability whatsoever for current or possible future applications of the umbilical cord blood or umbilical cord tissue preparation, which are not the object of the contract in accordance with § 1 clause 2.
(3) On their own behalf and in the name of the child, the legal representatives shall waive any claims against the birth centre or the person collecting the umbilical cord blood and/or the umbilical cord tissue and the maternal blood, unless such claims are based on deliberate intention. For this purpose, they submit the signed original deed of release to the birth centre. This deed shall not affect any claims of the child against Vita 34 due to negligence of the person collecting the umbilical cord blood and/or the umbilical cord tissue.
(4) If the umbilical cord blood or umbilical cord tissue or the stem cell preparation made of umbilical cord blood or umbilical cord tissue is accidentally and/or unintentionally destroyed or otherwise made unusable, the liability of Vita 34 AG shall be limited to compensation of the additional cost of a possible autologous donation (e.g. cell separation, bone marrow) or allogeneic donation (e.g. cell separation, bone marrow). Further liability claims shall not be applicable. Vita 34 is in particular not liable for possibly missed therapeutic chances.
(1) Vita 34 shall be authorised to store the personal data of the child and the legal representatives that are necessary to implement the contract and to pass them on to contractual partners where required to implement the contract. Vita 34 shall treat these data as confidential and commit its contractual partners to confidentiality.
(2) Vita 34 shall be authorised to pass the data, which are necessary to apply the umbilical cord blood for therapeutic purposes to the physician / other user upon request.
(3) If the donation products VitaPlusDonation or VitaMine&Yours are selected, Vita 34 will only transfer data on the preparations – and not personal data – to the stem cell registry or, if released, to the examining physician.
(1) The parties shall notify each other promptly in writing of changes of address or name. The legal representatives shall furthermore notify Vita 34 promptly of changes in the representation relationships. This shall include the notification of the child’s new address details when he/she reaches the legal age.
(2) The assignment of this contract or of obligations or rights resulting from this contract by Vita 34 to a third party shall require the written consent of the legal representatives, unless an affiliated company of Vita 34 in terms of § 15 German Stock Companies Act is concerned.
(3) Should a provision of this contract be invalid or impracticable, this shall not affect the validity of the remaining provisions. The parties shall undertake to replace the invalid or impracticable provision by such a valid and practicable provision that comes closest to the originally intended purpose of the invalid or impracticable provision. The same shall apply to contractual gaps.
(4) The laws of Germany shall apply.
You may withdraw from this contract without stating any reasons within fourteen days. The period of withdrawal is fourteen days and starts with the date on which the contract is concluded.
To comply with the period of withdrawal, it is sufficient to send the declaration on the withdrawal prior to the expiry of this period.
If you withdraw from the contract, we shall reimburse any payment made by you, including the cost of delivery (except for the additional cost arising from your choice of another than the low priced standard type of delivery), promptly and at the latest within fourteen days after we received the declaration of withdrawal. We will use the same means of payment that you used for the initial transaction, unless otherwise expressly agreed. We will in no event charge extra costs for such reimbursement.
You have to return the goods (the collection kit) promptly and in any case at the latest within fourteen days after you informed Vita 34 about your withdrawal to Vita 34 AG, Perlickstrasse 5, D-04103 Leipzig. This period shall be regarded as complied with, if you send the goods prior to the expiry of this period.
You will bear the charges for the return.
You need to pay for a possible depreciation of the goods only, if this depreciation is the result of you handling the goods in way that is not required to check the quality, properties, and functionality of the goods.
If you requested that the services start during the period of withdrawal, you have to pay an adequate amount corresponding to the portion of the services already rendered at the date on which you informed us about your decision to withdraw from the contract compared to the total scope of services provided for in the contract.