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California Bankruptcy Law

Lancaster, California, attorney explains how utility shut off is affected by filing bankruptcy!

Many times when people are faced with impending debt, they start looking for shortcuts to save money–using coupons and sales to buy groceries and other necessities, making sure to turn off all lights and appliances when they are not being used, or letting a few bills slide in hopes of catching up on the payments later. The first two are great ways of saving money! The last one can often land you in deeper trouble than you were in before!

Lancaster, California, attorney explains how utility shut off is affected by filing bankruptcy! When you have fallen noticeably behind on your utility bills, utility companies will shut off your utility. Fortunately, there are some requirements that utility services must follow before shutting off your utilities. The power cannot be shut off on days when the utility office is closed, which includes holidays! If there are members of the household whose health is dependent on a power supply, a utility representative must visit the house before the utilities are disconnected. Utilities services must also notify recipients before the utilities can be shut off.

I also have good news, courtesy of SignOn San Diego!

In reaction to stories from around the state that people were being cut off because the bad economy had made it difficult for them to pay their bills, the California Public Utilities Commission told utilities they had to take steps to prevent needless cutoffs.
In particular, the commission said power companies, including San Diego Gas & Electric, must give people at least three months, and up to a year, to get their bills up to date.

But what about people who have already had their utilities shut off and are seeking debt relief? More good news! “The bankruptcy laws require the utility company to restore the service of any utility that was terminated prior to the filing. A bankruptcy filing prevents the utility company from terminating an individual’s service.”

That’s right, Chapter 7 bankruptcy and Chapter 13 bankruptcy provide debt relief and can restore your utilities! You simply need to pay a security deposit within 20 days of filing to ensure your utilities stay on. Contact me or visit our Lancaster office for a free consultation! Bankruptcy attorney David Lozano is dedicated to keeping you debt free and powered up!

David Lozano, Attorney at Law
Contact me today for a free consultation
800-974-5680/Se habla español

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Does filing bankruptcy affect student loans?

A common question I get from my clients is if filing bankruptcy will have any effect on their student loans. Unfortunately, filing bankruptcy does not eliminate or reduce your student loans. The U.S. Bankruptcy Code states that only “undue hardship” is grounds for discharging student loans. Now before you start planning your appeal saying that you are facing “undue hardship”, I should tell you that the Code’s definition will settle for nothing less than permanent and total disability.

While filing bankruptcy does not discharge your student loans or prevent interest from accruing on the loans, there is a ray of hope. Filing bankruptcy will give you a little extra time–up to five years–to get your finances straightened out and possibly catch up to the point where you are able to pay off your student loans! You can do a lot of things in five years if you set your mind to it!

Pursuing the career you took those student loans for may be the key to paying off your loans as well! Don’t let student loans interfere with your goals in life! Contact me for a free consultation. It’s never too soon or too late to seek professional advice on settling your debt!

David Lozano, Attorney at Law
Contact me today for a free consultation
800-974-5680/Se habla español

Considering a payday loan to get you by? Bankruptcy attorney David Lozano strongly advises caution!

Commercial and Internet ads for payday loans are a dime a dozen these days. And if you’ve seen one you’ve seen them all. Payday loans all work basically the same way–you write a check (or grant the lender permission to access an electronic account) to cover the money you are borrowing plus the finance charge. This transaction is then held by the lender until your next payday. Of course if you don’t have the money to cover the cost of the loan by your next payday you’re pretty much out of luck!

It is likely this and many other reasons why payday loans are legal in only thirty-seven U.S. states–with our sunny California being one of them. Nine times out of ten the consequences outweigh the benefits of getting a payday loan. And with online payday loans, there is an added risk of fraud. You hear about online scams all the time, and they are definitely something you do not want to happen to you! You need to be careful when giving out financial information in any situation, but be particularly careful when it’s over the Internet to a payday loan service!

If you find yourself struggling to make ends meet a payday loan is probably not your best option. Contact me for a free consultation and we will discuss your financial situation to determine what is the best course of action for you!

David Lozano, Attorney at Law
Contact me today for a free consultation
800-974-5680/Se habla español

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Worried about rumors you have heard about debtor’s prison?

During my time as a bankruptcy attorney I have heard many concerns that clients have when it comes to filing bankruptcy. One worry which has plagued quite a few of my clients is whether or not there is a possibility that they will go to jail as a consequence of the debt they have incurred. This fear has usually arisen from something a creditor said or a case they heard or read about involving debtor’s prison in another country. In the United States, such a thing was outlawed over 200 years ago, so you can rest assured that you won’t go to jail because you are unable to pay your credit card debt!

Prison sentences are only given in severe cases in which someone has knowingly and purposefully engage in illegal exploits, such as failing to show up for a court hearing, refusing to pay child support, or defrauding the IRS. The bankruptcy exemption law was written in order to protect debtors who file bankruptcy, not punish them.

Filing bankruptcy is a big step and it should be taken with confidence and relief. There is no need for you to worry unnecessarily when you have an experienced bankruptcy attorney at your side. Contact me for a free consultation, and we will determine what course of action is right for you!

David Lozano, Attorney at Law
Contact me today for a free consultation
800-974-5680/Se habla español

Is it true that married couples must file bankruptcy together? (Bankruptcy attorney David Lozano says, “this is not the case!”)

David Lozano advises married couples about filing bankruptcy!A question many married couples have when they come for a free consultation is whether they both have to file bankruptcy. I am happy to say that spouses are not required to file joint bankruptcy! That misconception is just another common bankruptcy myth!

There are many reasons why a couple might choose to file separately. One example is if there is an inheritance involved. In order to protect the rights to the inheritance, it is better for that person’s partner be the only one to file bankruptcy. Another factor of filing bankruptcy separately is if one spouse owns a business that has its own separate financial plan. To preserve the business, the couple would need to file separately.

One more instance where a couple would want to file separately is if they kept their financial affairs separate throughout their marriage. If this is the case, one spouse may wish to maintain his or her credit score by not filing bankruptcy with his or her partner.

Depending on the situation, it may be beneficial that only one spouse files bankruptcy and the other does not. The thing to keep in mind is that everyone has different and unique circumstances. Deciding what course is best for you is all in a day’s work for me. So contact me for a free consultation today!

David Lozano, Attorney at Law
Contact me today for a free consultation
800-974-5680/Se habla español

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Is your bankruptcy attorney a certified bankruptcy specialist? (California bankruptcy attorney David Lozano is!)

When searching for a bankruptcy attorney it is important they be a lot of things–nonjudgmental, helpful, confidential, and that they know what they are doing. David Lozano is all those things! He also has one crucial merit that other bankruptcy attorneys might not have– a certification.

Why is being a certified bankruptcy attorney so special? If you were sick and needed a doctor, wouldn’t you want someone with an MD? The same is true when it comes to bankruptcy. A certification is the bankruptcy attorney’s MD!

Bankruptcy attorneys must apply for certification and then pass an exam to receive their certificated status. Once a bankruptcy attorney has passed the certification exam, the American Board of Certification (ABC) has the authority to legally certify the attorney as a bankruptcy specialist.

Passing a test isn’t the only requirement to be a certified bankruptcy attorney, however. Bankruptcy specialists must also continue their legal education. In accordance to the ABC rules and regulations…

3.1.4. Continuing Legal Education.
(a) Bankruptcy Law. The applicant must have participated in at least sixty hours of continuing legal education (CLE) in bankruptcy law within the thirty-six months immediately preceding the date of the Long Form Application.

Bankruptcy specialists must also attend CLE programs for a minimum of thirty hours. And, of course, a bankruptcy specialist needs to continue working as a professional bankruptcy attorney!

Contact me to set up your free consultation. By enlisting the help of David Lozano, you are guaranteed to receive legal advise worthy of a certified bankruptcy specialist!

David Lozano, Attorney at Law
Contact me today for a free consultation
800-974-5680/Se habla español

Want to know if you qualify for a Chapter 13 bankruptcy? (Los Angeles bankruptcy attorney David Lozano will help you find out!)

Chapter 7 and Chapter 13 are the two most common bankruptcy plans that people file for. Chapter 7 is known as classic bankruptcy because it eliminates debt in one fell swoop! Chapter 13 is a reorganization plan, which is filed by people who simply need more time in order to catch up on their payments.

To determine whether or not you are eligible to file Chapter 13 bankruptcy, the bankruptcy court performs a “means test” to evaluate your income. The court compares the income you earned over the last six months with the median income of average Californians with the same household size.

If it turns out that you do have the means to repay your debt when given an extended payment period, the bankruptcy court will approve you to file Chapter 13 bankruptcy. But if for some reason you don’t qualify for Chapter 13, Chapter 7 bankruptcy is available as a back-up plan! One way or another, with David Lozano’s help you’ll be debt free and sitting pretty again soon! 

David Lozano, Attorney at Law
Contact me today for a free consultation
800-974-5680/Se habla español

Want to keep your home, car, and personal possessions despite your debt? (Los Angeles bankruptcy attorney David Lozano can make it happen!)

Bankruptcy laws were designed to benefit you, the average Californian! Bankruptcy is granted by a federal court to either businesses or individuals who are in debt and need a fresh start or an extension on their payment deadlines. There are several kinds of bankruptcy options, such as Chapter 7 and Chapter 13, but deciding which type to file is simple with bankruptcy attorney David Lozano’s assistance!

Los Angeles bankruptcy attorney David Lozano helps you keep your possessions!David Lozano will outline what is involved in the bankruptcy process step-by-step before you file bankruptcy so that you know what to expect. A concern that has been raised thousands of times by clients is whether they will lose their home, car, or other possessions which they hold dear. I am happy to tell you that as long as you are upfront about listing all the assets you own, there is very little risk of losing your possessions and property.

The idea that bankruptcy automatically leads to the loss of your possessions is a myth! In most cases your home, car, and personal possessions are exempt from being repossessed. David Lozano wants you to know beforehand what is going to happen when you file bankruptcy in order to ease your worries! So stop by one of our offices in West Covina, Ontario, or Lancaster for a free consultation!

David Lozano, Attorney at Law
Contact me today for a free consultation
800-974-5680/Se habla español

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Want to keep creditors at bay?

As a Californian bankruptcy attorney, I’ve heard almost every kind of concern people dealing with debt have. One of the common concerns is that creditors will continue to contact you even after you’ve filed bankruptcy. This is a myth!

Once you file bankruptcy an “automatic stay” is put in place, which means creditors aren’t allowed to contact you. This puts an end to the constant calls and letters! It also prevents foreclosure and lawsuit attempts.

Avoid the constant calls from creditors with help from David Lozano!Bankruptcy laws were designed to give you a chance to get your life back in order. With the Law Offices of David Lozano, your fresh start can be made without creditors banging on your door demanding money! Contact me for a free consultation, so that you can get started on turning your financial situation around!

David Lozano, Attorney at Law
Contact me today for a free consultation
800-974-5680/Se habla español

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Worried about filing bankruptcy? (With bankruptcy attorney David Lozano there’s nothing to worry about!)

Who files bankruptcy? Anyone who finds themselves in over his or her head in debt!

Much to my dismay, the vast majority of Americans seem to be under the illusion that only irresponsible, lazy good-for-nothings file bankruptcy. Many of my first-time clients are under the same impression. They feel as though they have done something wrong. They’ve tried everything they could think of and have no where else to turn. It is common that when people step into my office for the first time, they feel like a failure.

David Lozano is here to help!I cannot stress enough how much this isn’t true! Nearly all of the clients who seek my help are your average Californian who is simply in a tight spot (many times through no fault of their own!). In your free debt consultation, the first obstacle I strive to overcome is dissuading you of any negative feelings you have concerning your situation!

The service I offer places no blame on you! (I’m sure you’ve put yourself through enough grief already!) I understand that you are in an unfortunate situation that is usually due to circumstances beyond your control. The loss of a job, sudden illness or injury, or back taxes are just a few examples of some of the unexpected setbacks that can occur.

David Lozano will help you get back on your feet!I remind my clients that they have handled the situation to the best of their ability. It is the responsible thing to do to take charge of the situation, which is what they’ve done by contacting me! Together we can get you through the situation until you are debt free!

David Lozano, Attorney at Law
Contact me today for a free consultation
800-974-5680/Se habla español

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