Yes you can!  Bankruptcy not only eliminates debt, but can also be a tool to recover previously garnished wages, levied monies from bank accounts, liens, and other involuntary transfers. Under 11 USC 547, property taken within 90 days of filing bankruptcy can be recovered thru the filing of an Adversary Proceeding in the Bankruptcy Court.  Generally, the value taken must be over $600, and the process usually takes about 60 to 90 days. So don’t despair. Even though your money has been taken, we can usually get it back! To learn more about recovering assets siezed by creditors, please contact us.

DISCLOSE, DISCLOSE, DISCLOSE. These are probably the most important three words in Bankruptcy. All too often debtors negligently, and sometimes intentionally, fail to disclose all assets and debts. Not only is this a federal crime subject to fine and imprisonment and loss of such assets, but it may also result in the non-issuance or revocation of your discharge. Disclosure also requires complete transparency with your finances. As such, “due diligence” documents are required in the Southern District of California Bankruptcy Courts. Failure to supply all documents will result in your case not being filed, continuances, and/or denial of discharge.

In a disappointing decision dated September 15, 2009, the Ninth Circuit Court of Appeals issued its ruling in Doan Law Firm’s Dumont appeal.   This split 2 to 1 decision established new law in the Ninth Circuit.  Essentially, it overturned the long established “Ride Thru” options for debtors that wanted to keep their vehicles in bankruptcy without signing reaffirmation agreements. Dumont now holds that the general “Ride Thru” option is no longer available due to the BAPCPA amendments to the Bankruptcy Code in 2005.  But there is good news! Dumont  also appears to have created alternative pseudo “Ride Thru” options as long as reaffirmation agreements are involved.  Thus this firm strongly recommends exploring reaffirmation agreements in every