Consumer Bankruptcy Attorney, EL
David A. Casey- Attorney
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
David Casey, Attorney
365 Broadway, Suite 203
El Cajon, California
(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
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
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
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
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!
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!
calls immediately through Bankruptcy!
Stop or Delay Foreclosures!
Chapter 7 Bankruptcy
you a fresh start and
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
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
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.
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
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
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
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
Bankruptcy Attorney: 92019, El Cajon 92020, El Cajon 92021,
El Cajon 92022, El Cajon 92090
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.