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Consumer Bankruptcy Attorney,  EL Cajon, California

Bankruptcy Attorney  

David A. Casey- Attorney

The Law Office of David A. Casey provides personal service to clients who need debt relief with professional legal representation for bankruptcy at reasonable rates.  Filing for Bankruptcy is a major and important decision that will affect you financially.  Attorney Casey provides you with the time necessary to ensure that the bankruptcy process is done properly.  You will be advised and provided guidance at every step in the bankruptcy process.  Attorney Casey's philosophy is to treat every client with respect as we would expect to be treated if there was a change of events that affected our lives.  The purpose of bankruptcy is to seek relief from your financial hardship, stop foreclosures,  and put a stop to unreasonable creditors pursuant to the bankruptcy laws.

  David Casey, Attorney  

365 Broadway, Suite 203 

El Cajon, California

(619) 447-6780 

(Note: This web site is for general information on bankruptcy - there is no inference that the Law Office of David Casey represents you in any way until a retainer and fee agreement is signed by you and attorney).  Any documents drafted without  coming into the law office or via the internet is considered in "Pro Per" and is solely based on your representation of of the information you provide.  Attorney Casey has been practicing Family Law since 1989 and has assisted individuals, couples and businesses with their bankruptcy needs.

 What Is A Reaffirmation Agreement?

Until someone files a Chapter 7 bankruptcy most people have no idea what a reaffirmation agreement is.  I will do my best to make it as easy as it can be.  However,  at times reaffirmation agreements can have  problems under the new bankruptcy act of October 2005.    A reaffirmation agreement is an agreement between the debtor and the creditor.  The debtor chooses to become legally responsible or in another word obligated again to pay all or portion of a debt which was or would have been discharged in the bankruptcy case.

A reaffirmation agreement must be filed within 60 days after the meeting of creditors date. Reaffirmation agreements are voluntary. Reaffirmation agreement is a completely voluntary agreement of the debtor that is  not required by the Bankruptcy Code, the state or federal law. Prior to the changes in the bankruptcy laws in October 2005, a debtor can voluntarily repay any debt normally without any problems, rather than sign a reaffirmation agreement. However, since October 2005, there is now a valid reason for signing a reaffirmation agreement (at least in regard to motor vehicles).  If you want to make sure you can probably keep your vehicle then an reaffirmations agreement is necessary and the approval of the court is needed.

Also your attorney can certify for their clients that signing a reaffirmation is not a hardship for their client. Depending on your income and your ability to pay the debt the attorney might want to seek the court's approval.  When there is  no attorney acting  on your behalf, the Court usually wants to meet with the debtor to make sure the debtor knows that the reaffirmation is completely voluntary. Also if the judge does not believe that a reaffirmation agreement is in a debtor’s best interest and may not have the ability to pay, the judge may refuse to allow the reaffirmation agreement to be entered as a binding agreement.

Remember under a chapter 7 you got a fresh start but you are now asking to take some of that away.  An reaffirmation agreement takes away the “fresh start” over the item you are reaffirming the debt to.  Because of the changes in the bankruptcy laws attorneys will advise strongly against signing one.   This is probably since the attorney is concerned about your continuing making the payment, due to loss of employment, health condition or other valid reasons.  Even if the debtor signs an agreement, the debtor still has 60 days after the agreement is filed with the court or from the discharge date to change his or her mind. All that is needed needed from the debtor is a letter saying “I don’t want this agreement”. The letter is sent to the court and the creditor.

The changes in the bankruptcy laws of October 2005 have had some effect on how  bankruptcy attorneys look at reaffirmation agreements.  Before the bankruptcy laws were changed, the debtor had  four choices in Chapter 7 when it came to secured debts.  

1.  Redemption (buying the value of the car from the creditor) —  The problem here  requires an actual source of funds and most people are in bankruptcy because they don't have funds. 

2.  Surrender the secured property. (this is giving the secured item back to the creditor). This is a very common way of dealing with many of the chapter 7 secured debts.

3.  Reaffirmation (as discussed above); and

4. “Keep and Pay” - (In the past, as long as the debtor continued  paying for the secured item, the debtor could  keep the secured item).   Since 2005, the status of “keep and pay” is uncertain as that option is NOT  mentioned in the new bankruptcy act (while the other three are specifically stated.   In some states, the debtors have the ability to “keep and pay” rights under state law, but that right is not stated under the bankruptcy law, so each state will determine whether their state still provides for “keep and pay”.

Let the Bankruptcy Laws Work For You.

Stop Creditors!  Call immediately!

Call For Debt Relief Today!

Over the past few years, bankruptcy filings in the United States have increased nearly thirty percent.  Unfortunately, with the events of the down turn in the economy, there are more filings 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 you.  Bankruptcy may be the most powerful way to protect your family’s financial health and to STOP CREDITORS harassing you and your family.  Too many lives and especially marriages are hurt due to unresolved financial matters.   The Law Office of David A. Casey wants to help you and your family eliminate overwhelming financial stress and enable you to get the fresh start you need in order to flourish and to enjoy life again. Depending on your situation, a Chapter 7 or Chapter 13 bankruptcy filing may bring the relief you have been seeking.

Let the Bankruptcy laws work for you!

Stop Creditor's calls immediately through Bankruptcy!

Stop or Delay Foreclosures!

Chapter 13 and Chapter 7 Bankruptcy

                can get you a fresh start and

                  relieve the stress of your financial problems.    

                 Call today for a Free Phone Consultation! 

YOU ARE NOT ALONE IN FILING BANKRUPTCY

More debtors had to file bankruptcy in the wake of unemployment, large medical bills and the overall problems with the economy.   

  • Consumer bankruptcy filings are on the rise. There were 266,767 bankruptcy filings in the second quarter of 2008 as compared to 236,891 filings in the first quarter of 2008.  The 2009 the Bankruptcy rate will be much higher.
  • It was estimated that in 2008 there were more than 1.1 million consumers who sought the protection of the Bankruptcy courts. Chapter 7 accounted for 64.37% percent.  Chapter 7 and 13 will be even higher this year.

     Consumer Bankruptcy Attorney,  EL Cajon, California

Call  Attorney,  David A. Casey, Esq.

(619) 447-6780

Take The First Step to Getting

Your Debt Relief Started!

 Call Today!

Common Questions and Answers About Bankruptcy - Click here 

 

 

No matter if your Bankruptcy needs are simple or very complex,  my office is here to assist you.  The positive benefits of bankruptcy law can help.  Bankruptcy is like taking some medication for an infection. If you don't take it things will get worse. If you are already using all of your life support you need more help and Chapter is that extra help to bring life back into your dire financial needs.  If you are reading this we site you probably know that you need and it it is time to action before your creditor does.  Your welcome to contact other attorneys and to find one that you are comfortable with.   Don't just retain an attorney on fees.  Check what you are getting.  Don't 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 via the internet is considered in Pro Per.  However, due to the complexity of Bankruptcy, it is highly recommended that you retain an attorney so you can get the full protection under the Bankruptcy law.

 

Looking for a Bankruptcy Lawyer to file your chapter 7 and chapter 13 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, Rancho San Diego, Santee, Spring Valley, Chula Vista and San Diego and it has FREE parking. My office also has an on-site pubic notary when needed.   (notary fees are paid to the notary)
Cities : San Diego 92019, 
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,
La Jolla 92037 92038 92039 Pacific Beach, Tierrasanta, Pt Loma, Kearny Mesa, University City, Mira Mesa,  Ocean Beach, Bonsal, Jacumba, Julian, Descanso,  Vista, Chula Vista, Linda Vista, Serra Mesa, Rancho Bernardo,  National City, Clairemont. If you don't see your city just give me a call.
Call (619)  447-6780 

Talk to a Bankruptcy Attorney and get that fresh start you need.

Law Office located

in El Cajon, California

                                                   
Area of Service :
Alpine 91901 Bonita 91902  Chula Vista 91909-91915 - 91921 Coronado 92118, 92178  Del Mar  92014 Dulzura 91917  El Cajon 92019-92020, 92021 92022 - 92090  Escondido 92025-92027 - 92029-92030 - 92033, 92046  Imperial Beach 91932-91933  Jacumba 91934 Jamul 91935  Julian 92030 La Jolla 92037-92039  - 92092-92093 La Mesa 91941 92942 92943 91944  Lakeside 92040  Lemon Grove 91945-91946  MCAS Miramar 92145  Oceanside 92049, 92051-92052 - 92054-92058 Pacific Beach 92109 Pala 92059 Pine Valley 91962 , 91990  Ramona 92065  Rancho Bernardo 92128  Rancho Santa Fe 92067, 92091  San Diego (city) 92101-92124 - 92126-92140 - 92142, 92143 - 92145, 92147  - 92149, 92150  - 92152-92155  - 92158-92179  - 92182, 92184  - 92186, 92187  - 92190 - 92199  Santee 92071 -  92072 Solana Beach 92075  Spring Valley 91976 92977 91978 91979 

 

Call  619  447-6780 to talk to a Bankruptcy attorney.

Talk to an attorney in San Diego County

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

 

 


Copyright ©2013 by Attorney David A. Casey

El Cajon Bankruptcy Attorney: 92019, El Cajon 92020, El Cajon 92021, El Cajon 92022, El Cajon 92090

 

This communication is an “Advertisement” as defined by the California Rules of Professional Conduct and California Business and Professions Code. No communication herein shall create an attorney-client relationship unless a separate retainer agreement is signed by an attorney and client. This material is for informational purposes only and not intended to provide legal counsel or legal advice to you.

 

Always check with your attorney to make sure the law has not change since publication of this web site.

 

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