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Need Your Individual Bankruptcy Questions Answered?

Call A Bankruptcy Lawyer Today

Call Attorney David Casey at  619 447-6780

Free Chapter 7 and Chapter 13 Bankruptcy Consultation.

We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

What debts may be discharged?

Answer:

Credit Cards, Medical Bills, Some Judgments, Repossession Debt, ISF Checks, Eviction or Broken Lease Debt, Past Due Utilities, Some Taxes, Personal Loans, Late fees. This is only a partial list. Most contracts can be discharged.

I will review each item with you that are dischargeable under Chapter 7. 

Which debts can not be discharged?

Answer:

Student Loans, Alimony (Spousal Support), Child Support, most charges within 90 days of filing bankruptcy, failure to neither list nor schedule a creditor and have that creditor notified of the bankruptcy filing. Judgments for death or personal injury caused by the the debtor's operation of a motor vehicle while the debtor was intoxicated from alcohol or drugs, a drug or another substance or Malicious Conduct, Debt incurred under False Pretenses, (example: you get a loan knowing you are filing for bankruptcy or getting a loan based on a false income statement), some taxes (income taxes less than 3 years due and owing and trust fund taxes).

 

I want to keep my home. Can I keep my home if I file Chapter 7 Bankruptcy?

Answer:

Yes, if you are current with your mortgage payments and your real property taxes assessed against your home. If you are not current with those creditors, you will probably need to file under Chapter 13 unless we can work out an agreement with them.  The good news is that most banks don't want your home back like they did years ago. Many of them are willing to work with you or even reduce the interest or amount owed.

Will I lose my car if I file Chapter 7 Bankruptcy?

Answer:

Not if you are current with your car payments and intend to continue making payments until the car note is paid in full. Whether or not you are current with your car payments, you may want to file Chapter 13 in order to modify your car loan, or to pay the arrearages and continue making future car payments.  Most cases you can keep your car depending on the net value.

I don't want to lose what I have. Will I lose any of my Personal Property in Chapter 7?

Answer:

No, with a few important exceptions. Finance companies including credit card lenders, sometimes have a security interest in various items of personal property. This should be listed on a schedule as collateral when the loan was disbursed. It is then you will be required to make payments on the loan or you could lose the items you have pledged (i.e., boat, some type of art collection, household goods, TV's, VCR's) personal property. Please keep in mind that the fair market value of most collateral is generally considerably less than the balance of the loan. If this is true you may want to consider filing Chapter 13 in order to modify the loan amount and to lower monthly payments. One exception are money-purchase liens, i.e., liens on the purchase of personal property such as seller financing on TV's, stereo, furniture and computers. You may either continue with your monthly payments on such items, return them, or file for a Chapter 13 to pay any arrearages or to modify the financing and lower the monthly payment.

Chapter 13 at times offer some benefit that Chapter 7 doesn't.  Also for some debtors it may be beneficial to file a Chapter 13 and convert it to a Chapter 7 in order to safe guard certain personal property or real property.

My creditors call me all the time. Will they stop calling me after I file?

Answer:

YES!!!!! As soon as you file your petition, the automatic stay will legally protect you. The automatic stay will prevent your creditors from calling or writing you.  However you must have listed the debts as required. If the debt is listed they can NOT continue to call or contact you.  That why it is so important to list all of your debts that are required by law!

 

What is it going to Does it Cost for Me to File?

Answer:

The filing fee for Chapter 7 is $299.00 and this is required up front by the Court, regardless of your legal fees. This amount can not be paid by credit card, or check. You will be required to pay my office for the filling fee in cash or you can get a money order in that amount. As for the amount of your legal fees and payment arrangements for paying my fees this is  based on the complexity of your case. Reasonable payment plans are available through my office.

Will I Lose My Retirement Plan?

Answer:

Probably not, to the extent that a stock bonus, pension, profit sharing, annuity, or similar plan is reasonably necessary for the support of the debtor and any dependent of the debtor.  Most people end up keeping their retirement plan intact.

Will I Lose the Cash Value of My Insurance Policies?

Answer: No! Unless there is something very unusual about it.  Again it is important to list everything you have as an asset as much as it is to list your debts.

 

Over the past couple of years bankruptcy filings in the United States have increased nearly thirty percent and there are more filing for relief every day.  Despite changes to bankruptcy laws, bankruptcy still remains a useful  tool for preserving assets while eliminating bad debts. Our Bankruptcy clients understand that just like trusts or other estate planning tools, bankruptcy is a legal right that is available to help you.  Bankruptcy may be the most powerful way to protect your family’s financial health and to STOP CREDITORS harassment of you and your family.  Too many lives and marriages are hurt due to unresolved financial matters.  We want to help you and your family to eliminate overwhelming financial stress and get you that fresh start you need in order to flourish and to enjoy life again. Depending on your situation a Chapter 7 or Chapter 13 may bring the relief you have been seeking.

Let the bankruptcy laws work for you!

Stop Creditor's calls immediately

by filing Bankruptcy.

David Casey, Attorney  

365 Broadway, Suite 203

 El Cajon, California

CALL  (619) 447-6780 

Delay or Stop Foreclosures!   

Call today for a Free Phone Consultation.

No matter if your needs are simple or very complex,  my office is here to assist you.  From my experience of helping others getting out of debt and the positive benefit of the use of bankruptcy, it can be a useful way to get you back on the road to financial recovery.  Contact other attorneys to find one that you are the most comfortable with.   Don't just retain an attorney on fees.  Check what you are getting.  Don't just be another number.  

This web site is intended for general information only and does make any inference that this constitutes a retainer for my services or that I  represent you. Any documents prepared via the internet are considered in Pro Per.  I highly recommend that you retain an attorney due to the complexity of the laws surrounding Bankruptcy so you can get the full protection under the Bankruptcy law.

Looking for a Bankruptcy attorney without having to go downtown San Diego?  My office is located next to two major freeways in El Cajon. I'm only minutes away from  La Mesa, Lemon Grove, Lakeside, Alpine California, Rancho San Diego, Santee, Spring Valley, Chula Vista.

My office also has a on-site notary public  when needed. 

 

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Santee 92071 92072 , El Cajon 92019 92020 92021 92022 ,  Lakeside 92040 La Mesa 91941 91942 91943 91944, Jamul 91935, Alpine 91901, Spring Valley 91976 91977 91978 , Potrero 91963, Lemon Grove 91945, Campo 91906 , Bonita 91902, Mission Valley  92108,  San Carlos  92119 92120 San Diego 92109 - 92118,
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Call
 619  447-6780 to talk to a bankruptcy attorney.

Talk to an attorney in San Diego, El Cajon, Santee, Lemon Grove, Alpine CA, La Mesa, and Entire San Diego county.

We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

Common Bankruptcy Questions. Bankruptcy Made Easy. Q & A.

 

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Common Bankruptcy Questions. Bankruptcy Made Easy. Q & A.

 

 

 


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