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    Free Bankruptcy? Is There Such a Thing?

    Yes. With the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), a new filing fee waiver was instituted for certain individuals with low income. A special form needs to be filled out. If your income is less than 150% of the poverty level and you are unable to pay in installments, then the fee may be waived. But it gets even better. Your attorney fees may be totally reimbursed as well!

    However, the attorney fees are not waived due to new Bankruptcy Laws. They are not waived due to low income or because you cant afford them. In fact, they are not really waived, but reimbursed. And in many instances, they are reimbursed more than what was originally paid for the bankruptcy fees. How and by who? Well, in a short answer, from your creditors because they are unable to follow the laws.

    Yes, they end up paying you for all the wrongful violations they committed. How does this work?Real Simple: When we are retained to file a bankruptcy petition for you, the first thing we do is notify all your creditors that they are no longer allowed to communicate with you. They receive a letter from us and we document the same with a Proof of Service. We also send out follow up letters to anyone claiming they didnt get the first letter…or 2nd letter…3rd….etc.

    Using State and Federal Laws, it then becomes unlawful for a creditor to continue their collection activities with you, short of a lawsuit. That means no more phone calls, collection letters, and billing statements. However, in most cases, the creditors almost always fail to comply with our letters for three reasons: 1) Its more profitable to generate income from illegal activity even after paying lawsuit damages. 2) Most our letters are tossed in the trash by low level employees who dont understand what they mean. 3) Their systems are not set up to comply with the laws.

    In virtually every bankruptcy case we file, we find creditors that disobey the laws. But as long as you provide us with the proof (phone log of calls, copies of bills, etc), its virtually a strict liability offense and almost impossible for the creditor to escape liability. Technically, each communication could be worth up to $1000. We have the proof they got our letter(s). You provide the proof of the contact. Mix the two together and out pops $$$$$$

    Just this past month, I filed 7 lawsuits for 1 client who just received her discharge in bankruptcy. We already have settlement offers over $25,000 on three of the cases and have not accepted any offers yet. By the time we are done, we expect to settle well in excess of $50,000. What was the wrongful conduct? Continued phone calls and collection letters. My client had Vonage too, which made it real easy to show all the calls during the three months we were preparing to file the bankruptcy case.

    Im not sure why no other attorneys in San Diego offer this service. I think most probably dont know about these consumer protection laws, and the few that do, dont bother pursuing them since they are too busy with bankruptcy work. Its a shame since these awards really help with the Bankruptcy Fresh Start. It may also be bankruptcy fraud: when a creditor contacts you after knowing you are represented and you fail to list that potential claim as an asset in the bankruptcy schedules.

    Well, if you filed bankruptcy with one of those attorneys and are still interested in going after any creditors that wronged you, feel free to contact us! We pursue these claims on a contingency arrangement, with no money up front and no recovery=no fees. So yes, free bankruptcies do exist and in many instances, you end up with more cash in your pocket after you file than you did before you filed!

    Written by Michael G. Doan-Mr. Doan practices on the cutting edge of bankruptcy law, and was the first attorney in the entire Southern District of California to file the very first Chapter 7 Bankruptcy and very first Chapter 13 Bankruptcy under the new Bankruptcy Laws which went into effect on October 17, 2005. 

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      Quality San Diego Bankruptcy Attorneys can be hard to find these days, but over at Doan Law Firm we take pride in the quality of our work and our clients are our number one priority.

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