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BANKRUPTCY LAW

Worried you will fall behind and lose your home due to COVID-19 deferrals? We can help!

Are you weighed down by debt? Facing foreclosure of your home? Embarrassed by creditors constantly calling for collection?

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Loa Law may be able to help you find a solution, stopping the foreclosure of your home, alleviating credit card debt, and mapping out a pathway to your financial freedom.

THERE IS HOPE

THERE IS A WAY OUT

We provide Chapter 7 and Chapter 13 bankruptcy services for individuals who are currently facing financial difficulties.  An attorney can help you during these difficult times to remediate the debts that are overwhelming you and your family.

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Are you so far behind on your payments that are you facing foreclosure of your home? With a chapter 13 bankruptcy, we can help develop a plan that will give you up to 60 months to catch up on missed payments.

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Are you drowning in credit card debt? We can help you get your head above water again by filing for a chapter 7 bankruptcy.

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EVALUATING YOUR SITUATION
 

With the current economy, there are many legitimate reasons why you and your family might be struggling to make ends meet. Whether a loss of employment, a serious injury or other major life changes or circumstances, an attorney can help you avoid common pitfalls in the application process and can introduce you to alternatives to bankruptcy that you would not have known were available.

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During your initial consultation, Mr. Loa will analyze your financial situation, and render advice in determining whether to file a petition in bankruptcy.


FILING FOR BANKRUPTCY

 

Once you’ve retained the Attorney, you will be provided the following legal services:
•    Preparation and filing of any petition, schedules, statement of affairs and plan which may be required;
•    Representation of the debtor at the meeting of creditors, confirmation hearing, and any adjourned hearing
•    Representation of the debtor in adversary proceedings and other contested bankruptcy matters;
•    Other provisions as needed

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REQUIREMENTS FOR BANKRUPTCY

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You will need to complete a pre-petition online credit counseling course before filing

 

You will also need to complete a post-petition online counseling course after the bankruptcy petition is filed and within the time frame allowed by statute. Debtor acknowledges that the bankruptcy cannot be filed without the certificate of completion of the pre-bankruptcy credit counseling. Debtor understands that no discharge of debts will be issued if the post-bankruptcy credit counseling is not completed within the statutory time frame.

 

Both pre-petition and post-petition credit counseling courses can be found on the Abacus Credit Counseling website: www.abacuscc.org.

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Finally, we will need written authority to obtain Debtor’s credit report from a major credit reporting entity such as: ExperianTransunion, or Equifax.

Services Not Included:
Certain debts cannot be discharged in bankruptcy. The debtor is still liable to repay any debt not discharged in debtors' bankruptcy. The debts listed below are common examples of the types of debts that cannot be discharged in bankruptcy. 

 

  1. Certain types of taxes, customs duties, or debts to pay taxes or customs duties.

  2. Student loans.

  3. Debts owed for spousal or child support.

  4. Debts owed to the spouse, former spouse, or child in a domestic relations proceeding.

  5. Debts arising from a previous bankruptcy wherein discharge of that particular debt was waived.

  6. Debts owed for money, property, services, extension-or-removal, or refinancing of credit, if obtained by false pretenses, or false representations, or actual fraud.

  7. Consumer debts for luxury goods obtained within ninety (90) days of the date of filing of the bankruptcy petition.

  8. Cash advances obtained within seventy (70) days of the date of the filing of the bankruptcy petition.

  9. Debts owed for fraud or defalcation while acting in a fiduciary capacity, or embezzlement or larceny.

  10. Debts owed for fines, penalties, or forfeitures payable to and for the benefit of governmental entity.

  11. Debts owed for death or personal injury arising from the operation of a motor vehicle, boat, or aircraft while intoxicated by drugs or alcohol.

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The list of non-dischargeable debts may be expanded by legislation or court decisions and Attorney has no control over the type of debts that may be or become non-dischargeable. 

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