Wage Garnishment & Bankruptcy

San Diego Bankruptcy Attorney – San Diego Chapter 7 & 13

As a San Diego bankruptcy attorney, one of the most unknown benefits of a San Diego Chapter 7 or Chapter 13 is its ability to stop wage garnishments. A creditor will often times use wage garnishment in order to seize money in an account or force your employer to pay certain portions of your paycheck directly to it. Further, if the amount of the garnishment exceeds the amount in the account, there is no stopping your creditor from running the account to zero. But, a pure wage garnishment cannot take all the money out of your paycheck. Federal law mandates that a certain portion of your paycheck must go to you so you can live.

By consulting with a San Diego bankruptcy attorney, you may be able to stop the wage garnishments. But, if the money is already taken from your paycheck or certain funds have already be seized, the Chapter 7 or Chapter 13 may not help you.

Of course, there are certain things you can do to protect your money. If you are being threatened with a judgment or already have a judgment entered against you, you must be prepared for the worst. Don’t think your creditors will not try to collect on the debt. If you put funds into an account they are going to be vulnerable and a San Diego bankruptcy won’t get them back once they are in the hands of your creditor. If you don’t have any money, or the money is being held by someone for safe-keeping, the garnishment is not going to effect you much.

If someone has already started to garnish your wages or you believe that someone is about to start, the best thing you can do is call a San Diego bankruptcy attorney for advice. At the Law Office of Harold D. Thompson we have been helping those in financial trouble for over 35 years. We can file a Chapter 7 or Chapter 13 bankruptcy in order to stop wage garnishments. Don’t let creditors get your hard earned money. Call our office TODAY for a free consultation or find out how you can become our client right away!

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Be Careful Of Verbal Promises From Your Mortgage Company

San Diego Bankruptcy Lawyer – Chapter 13 Debt Relief

As a San Diego bankruptcy lawyer, we see clients all the time that seek Chapter 13 debt relief due to a foreclosure. Most of the time they are doing everything they can to catch up on past mortgage payments while struggling to make the new ones. Unfortunately, lenders don’t care about your financial hardship so they initiate a foreclosure proceeding.

When a consumer gets a Notice of Default or Notice of Sale, it undoubtedly gets their attention. The astute consumer will immediately call an experienced San Diego bankruptcy lawyer to discuss the possibility of Chapter 13 debt relief. The next thing you should do is contact your mortgage company to discuss delaying any possible foreclosure.

One of the things you need to watch out for is when you phone your mortgage company, you must get a written commitment that the foreclosure will be delayed. This is even more important if there is an agreement merely a day or two before the proposed sale date. Many time the lender’s representative will give you a verbal commitment, over the phone, that the sale date is extended by 30, 60 or 90 days.

As a San Diego bankruptcy lawyer, I can tell you that the law in this area is murky at best. We have found some law that allowed the debtor to rely on the promise of the lender and seek money damages. But, the property was sold at the foreclosure auction and the court refused to reverse the sale. The only question at issue was if the debtor could recover money damages. This is not the result you want if you are trying to save your home.

When your largest asset is at risk, you do not want to rely on the verbal promise of your lender. You should ask your Chapter 13 debt relief lawyer to draft a letter memorializing the agreement and to request a response, in writing, from the lender. You will be glad you did.

At the Law Office of Harold D. Thompson we have been servicing San Diego and all of Southern California’s legal needs since 1976. When creditors are harassing you and are threatening foreclosure, you need a San Diego bankruptcy lawyer that will fight for your rights. Our Chapter 13 debt relief plans can save your home. Call our office today at 619.615.0767 for a free consultation or visit our other websites San Diego Chapter 13 Attorney, Orange County Chapter 13 Lawyer or Riverside Chapter 13 Debt Relief.

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American Bankruptcy Institute Announces Half-Year Statistics

Bankruptcy Court In San Diego – Chapter 7 & Chapter 13

The American Bankruptcy Institute has released new figures on the number of people filing for consumer bankruptcy protection and the numbers are a bit disturbing. More people are seeking Chapter 7 and Chapter 13 protection, including the bankruptcy court in San Diego, than last year. In fact, bankruptcy filings are up about 15 percent in the first half of the year than during the first half of 2009. This is the largest number of bankruptcy filings since the Chapter 7 and Chapter 13 laws where changed in 2005.

We are consistently asked why, if the economy is turning around, are the number of bankruptcy filings increasing? This generally goes back to the idea, that we have discussed so many times, that people wait too long to seek Chapter 7 and Chapter 13 protection. Yes, we have seen a crash in the housing market and high unemployment over the past few years, but the effects last much longer than the bottom. People generally do whatever they can to remedy their financial situation before even thinking about walking into the bankruptcy court in San Diego. This is a mistake and could cost you thousands of dollars.

Generally, it will take about two years from the bottom of an economic cycle to see the number of bankruptcies start to decrease. People seek the protection of the bankruptcy court only they have exhausted all of their other debt relief options. We believe this is a mistake. First, if you are not seeking the advice of an experienced bankruptcy lawyer you are probably getting bad advice. Second, if you try other options like debt settlement, loan modifications or short sales, you could be wasting tens of thousands of dollars on schemes that generally don’t work. That is not to say that they might not be a valid option but bankruptcy works 99% of the time. It is important to consider bankruptcy first and those other options after a Chapter 7 or Chapter 13 has been ruled out.

At the Law Office of Harold D. Thompson, we will use our 35 years of bankruptcy experience to get you out of your financial hole. We are San Diego bankruptcy attorneys that will fight for your rights. Call our office today at 619.615.0767 for free confidential consultation or visit our other websites at San Diego Bankruptcy Attorney, Orange County Bankruptcy Lawyer or Riverside Bankruptcy Attorney for more information.

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Are You Vulnerable To A Large Judgment?

El Cajon Bankruptcy Attorney – East County San Diego Lawyer As an El Cajon bankruptcy attorney, we have seen bankruptcy filings already increase by 20% in the first half of 2010.  People file Chapter 7 or Chapter 13 for a variety of reasons.  Individuals are staying unemployed longer, peoples’ homes are not retaining their values ...

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Have You Succumb To The Number One Reason Not To File Bankruptcy?

Escondido Bankruptcy Lawyer – North County San Diego Attorney As an Escondido Bankruptcy Lawyer, I find there are many reasons people don't file for bankruptcy protection, but the number one reason is they are worried about their credit going forward.  Yes, a San Diego bankruptcy will stay on your credit record for 7-10 years.  ...

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CNN/Money Talks About Bankruptcy Filing And Foreclosure

San Diego Foreclosure Attorney – Save Your Home. As we have been saying for quite some time that the help of a San Diego foreclosure attorney may be your best bet if you are facing a foreclosure or default.  But now, the writers of CNN/Money are confirming the benefits that we have know for years.

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What Is The Credit Counseling Requirement?

San Diego Chapter 7 Attorney - San Diego Bankruptcy When you seek the help of a San Diego Chapter 7 Attorney, he or she will tell you that you must seek credit counseling before you file bankruptcy. But, what is this credit counseling requirement? When Congress changed the bankruptcy laws in 2005, they ...

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What Are The Duties Of The Debtor In A Chapter 7 Debt Relief Plan?

San Diego Debt Relief - San Diego Bankruptcy Attorney San Diego debt relief through bankruptcy can be a complicated process. It is our job as bankruptcy attorneys to guide you through this process in order to make it as simple as possible. We welcome you to see what our clients are saying about us First, ...

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You May Be Able To Modify Your Mortgage In A Chapter 13

San Diego Foreclosure Attorney - San Diego Foreclosure Lawyer As a San Diego foreclosure attorney, I have wanted to see the bankruptcy courts have the power to modify a debtors mortgage in a Chapter 13 bankruptcy. But, Congress put end to that. As a result, we have seen the highest rates of foreclosure ...

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If Your San Diego Bankruptcy Was Dismissed, You Have Options

San Diego Bankruptcy Attorney – Chapter 7 & 13 Attorney As a San Diego bankruptcy attorney, I often get asked the question if a consumer’s debt relief case has been dismissed will the consumer be able to file again?  The simple answer is yes.  If your case has been dismissed you may be able to ...

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