California Bankruptcy and Debt Relief Lawyer

Richard S. Davis & Associates

1706 Plum Lane #125 Redlands, California 92374 USA

 (619) 894-8301

www.richarddavislaw.com
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Law Firm Overview Free Consultation

The Law Office of Richard S. Davis, based in San Diego, California, offers highly personalized and communicative services to individuals and business owners struggling under the weight of overwhelming debt. We provide debt relief services through Chapter 7 bankruptcy, Chapter 13 bankruptcy and Chapter 11 bankruptcy.

We also explore bankruptcy alternatives as needed and answer many questions about bankruptcy. Our firm provides services to consumers and businesses alike that have fallen on hard financial times. For individuals, we offer Chapter 7 debt liquidation and Chapter 13 debt reorganization. For businesses, we offer Chapter 7 business liquidation as well as Chapter 11 services, where you are able to maintain control of your business as a "debtor in possession."

San Diego bankruptcy attorney Richard S. Davis, our firm's founding lawyer, spends ample time with each client. He answers your questions about bankruptcy, which may involve your credit rating, bankruptcy alternatives, reasons to file and debt settlements. Our clients are grateful for his understanding and knowledgeable approach to their pressing financial issues. Bankruptcy offers you the fresh financial start you need. Whether your home is facing foreclosure, your car is on the verge of being repossessed or your wages are being garnished, bankruptcy can ease your worries.

Practice Areas

Practice Areas Description

The Law Office of Richard. S. Davis provides debt relief services to individuals and businesses including the following:

- Chapter 7 Bankruptcy

The Law Office of Richard S. Davis can help you explore your options and identify if Chapter 7 Bankruptcy in San Diego is the right option for you. Our firm offers comprehensive representation throughout the duration of your bankruptcy proceedings. Chapter 7 is liquidation bankruptcy. Your non-exempt property is sold, with the proceeds being distributed through a trustee to your creditors. At the end of this process, your dischargeable debts are discharged. We know you have questions about protecting your assets during liquidation, and we can help you understand how to do this. We can also talk to you about rebuilding your credit after bankruptcy.

- Chapter 13 Bankruptcy

Chapter 13 is a debt reorganization. Your existing smaller debts are reorganized into one larger one that is paid off through a three to five year court-approved repayment plan. The repayment plan is proposed by the debtor. Our firm can ensure your repayment plan is appropriate and approved by the court. Generally in a repayment plan, the debtor's discretionary income is divided between the creditors. As a debtor, you can pay substantially less than your actual debt — provided you follow the plan. Our experienced attorney, Richard S. Davis, can help you with your eligibility and determine the most advisable path for obtaining debt relief. For many, Chapter 13 can save your home from foreclosure.

- Lien Stripping

Lien stripping removes a lien. While it sounds simple, this is actually a technically complex matter, and specific criteria must be met for lien stripping to occur. Our firm can educate you about the types of liens that can be removed given your unique circumstances. When lien stripping has been performed successfully, the creditor no longer has rights to take the property. Liens can involve taxes, mortgages, deeds of trust for real estate and other issues, so it is important that they are properly removed. The Law Office of Richard S. Davis would be happy to talk with you about your options in filing for business bankruptcy.

- Wage Garnishment

The most common way of stopping wage garnishment is filing for Chapter 7 or Chapter 13 bankruptcy. Once a bankruptcy petition is on file with the courts an "automatic stay" goes into effect, stopping all collection actions against you, including wage garnishment. If filing for bankruptcy is not an option in your situation, you may file a motion to set payments with the bankruptcy court. The court may work with you to establish a payment plan that fits your budgetary needs, allowing you to reimburse the creditor formerly garnishing your wages. As long as you make the required payments, your wages cannot be garnished. The Law Office of Richard S. Davis can help you put a stop to automatic deductions from your paycheck through various debt relief options.

- Eliminating Federal Student Loans

Discharging student loan debt through Chapter 7 or Chapter 13 bankruptcy is difficult, but not impossible. To do so, you must show that payment of the debt will impose undue hardship on both you and your dependents. Bankruptcy courts use a variety of tests to determine whether a person has shown undue hardship. The most common of these tests is called the Brunner test. It requires proving, based on your current income and expenses, that you cannot maintain a minimal standard of living for yourself and your dependents if you are forced to repay your federal student loans. If you and your bankruptcy lawyer can successfully prove undue hardship, your federal student loans will be cancelled.

- Discharging Taxes

Discharging, or eliminating, federal tax debt through bankruptcy is extremely difficult. The rules for doing so are complex. Their specific application to a taxpayer depends on the individual facts and circumstances of a case. To put it simply, some "old" tax debts can be discharged, but most "new" tax liabilities are nondischargeable. The Law Office of Richard S. Davis in San Diego, California, many of our clients hope to eliminate tax debt by filing for bankruptcy. In many cases, this is not possible. However, options for developing a feasible federal tax debt repayment plan are available.

- Foreclosure and Car Repossession

At the Law Office of Richard S. Davis, our attorneys understand that either of these situations — certainly both of them at once — can be extremely stressful. We encourage you to explore your debt relief options (including bankruptcy) to save your home from foreclosure, save your car from being repossessed and find the debt relief you really need. Experienced bankruptcy lawyer Richard S. Davis can talk to you about your options. For homeowners facing possible foreclosure, filing a Chapter 7 or Chapter 13 bankruptcy will immediately stop any foreclosure sale date that is already set - even if the sale is set for the next day.

More Information on Richard S. Davis & Associates

Bankruptcy Lawyer in San Diego, CA
San Diego, CA Lien Stripping Lawyer
Chapter 13 Bankruptcy Lawyer in CA
San Diego, CA Foreclosure Law Firm
Chapter 7 Bankruptcy Attorney in CA
California Wage Garnishment Lawyer
Tax Debt Relief Attorney in California
San Diego, CA Student Loan Attorney
Richard S. Davis & Associates News and Publications
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