At The Law Offices of Bowman & Associates, you can depend on our high-quality legal representation that is designed to meet your needs. Every case is unique, and every individual deserves dedicated representation in their time of need. Our offices in Sacramento and Folsom can assist you with Chapter 7 and 13 bankruptcy, as well as foreclosure defense and debt collection relief. In the event that you are being sued by a debt collection agency, we will defend you aggressively in court.If you are facing financial difficulties and fear that foreclosure is looming around the corner, don’t wait to contact an attorney. If you need help with bankruptcy, debt collection, or foreclosure issues, contact the bankruptcy attorneys at Bowman & Associates today for a free consultation.

Bankruptcy in California

Sometimes, bankruptcy is the only solution to relieving excessive debt or saving your home. By filing for Chapter 7 or Chapter 13, you can have a fresh start. Chapter 7 bankruptcy is a way of discharging unsecured debt, and Chapter 13 allows you to continue to making payments in an affordable way in order to erase debt. When you file for bankruptcy, you are untouchable by debt collectors, foreclosure, and lawsuits. After bankruptcy, you can rebuild your credit and start a new financial slate.

Foreclosure Defense

If you are facing foreclosure, choosing an attorney from Bowman & Associates is the right choice. We know the best defenses to create a strategy that gets the results you want. The sooner you contact us, the easier it will be to protect your home. We will help you get back on track with mortgage payments and keep your credit from plummeting due to late payments. At the first sign of foreclosure, you need to act and contact an experienced foreclosure defense attorney.

At Bowman & Associates, we will not leave you in the dark. We will educate you on the processes of foreclosure and make sure you understand your options. Through a free initial consultation, we will answer any questions you may have and propose solutions to you.

Bankruptcy and Foreclosure Attorneys in California

When you look for a bankruptcy attorney in California, you should not have to look far. The Law Offices of Bowman & Associates will provide the legal representation you deserve, and more. We have thirty years of experience serving clients throughout Northern California. Our professional Bankruptcy and Foreclosure defense attorneys can help you.

http://bowmanandassoc.com/legal-services/bankruptcy/

For many people, bankruptcy becomes the only solution after some misfortune or bad luck causes them to fall behind on payments. Losing a job, falling ill, divorce, and medical expenses can lead to bills piling up and becoming impossible to pay. As soon as you see yourself falling behind or further into debt, you may want to consider bankruptcy.

There are two types of bankruptcy that you will want to learn about before deciding to file. Not everyone has the same circumstances, and the different types are meant to assist people in removing debt in different ways. Chapter 7 bankruptcy will help you remove most unsecured debts in exchange for “non-exempt property,” such as an extra car or expensive musical instruments that you purchased but have not paid off. If you have no non-exempt property, you can remove unsecured debt without giving up your property, since it is protected by exemption laws.

Chapter 13 bankruptcy is different from chapter 7. You will continue to pay off your debts on a schedule for 3 to 5 years, and whatever is left at the end is discharged. Your monthly payments will most likely be easier to manage, and also closely monitored by the court. Chapter 13 will allow you to catch up on payments over time while getting rid of unmanageable debts. You will not have to give up any property and will be on top of your debt when you are done.

If you do decide to file for bankruptcy, do not do it alone. There are strict deadlines and complicated laws that could leave you confused and end up lengthening the process. By having an experienced lawyer to help you, there will be no confusion and you will see all of your available options. You will have a fresh start financially, and will not have to deal with debt collectors and angry phone calls. You can rebuild your credit and save money instead of paying ridiculous amounts of interest on credit cards.

Roseville Chapter 7 and Chapter 13 Bankruptcy Attorneys

If you are considering filing for bankruptcy or have any questions regarding your case, contact an attorney at Bowman & Associates. Our skilled bankruptcy attorneys will guide you through the process from beginning to end. You can be confident that your debts will be relieved and that you can repair your finances. Let us work for you. Contact us today for a free consultation.

The lawyers at Bowman & Associates can help you with any bankruptcy questions and issues you have. Our lawyers are experienced with both chapter 7 and chapter 13 bankruptcy, and have worked with many clients to help prevent foreclosure. Contacting an attorney for help is the first step toward becoming financially sound.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy is the most common type of bankruptcy, and is also known as liquidation. In order to be granted chapter 7, you must prove that you have no way to repay your debts in the next 3 to 5 years. If you are successful, any unsecured debts will be eliminated, and you will be able to keep your property. You will be back on your feet before you know it after your chapter 7 bankruptcy is approved. Having an attorney to guide you through the process will make it take even less time and help avoid mistakes.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy allows individuals to repay some of their unsecured debt on a scheduled payment plan. Even if you do not pay off all of the debt, as long as you complete the payment plan (36 months), remaining unsecured debts will be eliminated. Chapter 13 bankruptcy allows for smaller payments towards your debt, allowing you to keep your property while chipping away at debt.

Carmichael Bankruptcy Attorney

If you are struggling financially and feel that bankruptcy may be your way out, contact us. The experienced bankruptcy lawyers at Bowman & Associates can explain the processes of bankruptcy to you and help the process move along. It is important to avoid error so that your life can get back on track sooner, rather than later. Contact a skilled and dedicated bankruptcy attorney for a free consultation today.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy, also called liquidation, is the most common type of bankruptcy and completely eliminates your dischargeable debt forever.

In Chapter 7 bankruptcy, the debtor files a petition with the court, which includes detailed financial information about his assets, debts, and income, and a list of the assets claimed as exempt. The debtor attends a meeting of creditors which is usually quite brief, and often limited to the debtor simply confirming that the bankruptcy papers contain a true and accurate listing of all of his assets and debts. If there are no objections to the debtor’s discharge, then the debtor receives a written notice from the court, stating that he has been discharged of all of his dischargeable debts.

Chapter 13 Bankruptcy

While Chapter 7 bankruptcy can result in a fresh start for most debtors, it cannot eliminate certain types of debt. Student loans, child support, and most taxes cannot be removed.

One purpose of a chapter 13, as opposed to a chapter 7, is to enable a debtor to retain certain assets (for example, your home) that might otherwise be liquidated by a chapter 7 Trustee.

The debtor files a bankruptcy petition with schedule of assets and liabilities and statement of financial affairs, along with a Chapter 13 plan. The plan provides for repayment of the debtor’s debts over a 3-5 year period, from the future earnings of the debtor. Upon completion of payments under the plan, the debtor typically receives a discharge, even if he has paid less than 100% of the debt. The payments vary in size depending on your disposable monthly income. It is wise to have an attorney help you assess the payment amount.

The same types of debt are excluded from being eliminated in Chapter 13 and Chapter 7 – including child support, student loans, and taxes.

If you are struggling with mortgage payments and debt and are going to file for bankruptcy, make sure you have an experienced attorney. Our attorneys can help you remove your debt and start fresh with your financial life. Contact an experienced bankruptcy attorney at the Law Offices of Bowman and Associates, APC. today for a free consultation.

McMonigle, whose McMonigle Group Inc. is one of the country’s top-selling brokerages for high-end homes, listed debts of between $50 million and $100 million on the individual petition, which was filed Friday in Santa Ana’s bankruptcy court.

The petition lists McMonigle having between $1 million and $10 million in assets.

The bankruptcy filing comes a little more than a week after McMonigle’s wife, Robin McMonigle, filed for divorce, according to Orange County Superior Court records.

In a statement provided to the Orange County Register, which first broke the news of the bankruptcy, McMonigle cited “an ongoing stalemate with uncooperative lenders” in ventures unrelated to his core brokerage business as the reason for the filing.

Last August, the Business Journal reported on construction being halted at Villa del Lago, a 12.5-acre estate being built by McMonigle in Newport Coast, because of loan issues. The estate currently has a $37 million price tag, down from an early $57 million asking price.

The unnecessary sense of failure and humiliation that many people feel when filing for bankruptcy is only made worse by those judging them. Our knowledgeable Sacramento chapter 7 attorneys of the Law Offices of Bowman & Associates, APC., are here to get you through this difficult time. Across Northern California, our legal team puts our years of bankruptcy experience to get you back to financial freedom. Contact us today, for a free initial consultation.

Read entire article…

Repeated, continuous calls throughout the day and night was the most common form of harassment consumers reported from debt collectors. False claims inflating the amount of debt, misinformation about the status of debt amounts and the withholding of federally required explanations of consumer rights were all common as well.

As consumer debt rises and debt buyers are suing consumers, debt collection abuse has risen drastically says the Consumers Union. The non-profit organization who publishes the popular Consumer Reports is calling for legislation that protects consumers from debt harassment and abuse. The Consumer Financial Protection Bureau was formed to help protect U.S. Consumers from financial scams, and it should take action against unlawful debt collection practices asserts the group.

Consumers Union has done its own research and report on this topic earlier in 2011, in conjunction with the East Bay Community Law Center. One shocking practice that the report highlighted was lawsuits being pressed by debt buyers without any proof to document the claim. Debt collectors are legally allowed to sue for debt repayment without documentation. This allows consumers to be sued over amounts they have already paid or settled with the company.

Consumers Union is calling for a number of new protections. They are recommending that debt collectors be required to sign paperwork attesting to the legality of their claim and keep accurate documentation of the debt. Debt that has passed from a credit report after seven years should not be recoverable, and all debt collectors should have to inform consumers of their rights and give them full disclosure on the owner and amount of their debt.

If you or someone you know is a victim to debt collection harassment, contact the knowledgeable California debt collection harassment attorneys, at the Law Offices of Bowman & Associates, APC., for a free consultation. Our attorneys will discuss the automatic stay and other important aspects of the bankruptcy process to ensure that the harassing phone calls will stop, and your piece of mind returns.

Read entire article…

Suthers has filed an objection to Lewis’s confirmation of his bankruptcy, according to court documents.

“The Debtor (Lewis) is the subject of an investigation by the Colorado Attorney General as a result of his alleged deceptive schemes targeting vulnerable homeowners in foreclosure with the offers to stop the foreclosure process in courts,” Suthers wrote on June 28 in the objection filed with the Northern District of Illinois bankruptcy court. A month later, Suthers filed a separate lawsuit against the 53-year-old Lewis, which, among other things, said that one of his alleged victims is a quadriplegic in Jefferson County.

Suthers declined to discuss Lewis beyond court documents and the press release his office released in late July. Lewis, for his part, denied all of the allegations in several e-mails to InsideRealEstateNews.

“Though (Lewis) is not licensed to practice law and has been the subject of an investigation into the unauthorized practice of law, the Debtor (Lewis) allegedly provides ‘legal” advice to homeowners and encourages the filing of specious legal challenges to foreclosures,” Suthers wrote in the bankruptcy documents. Chapter 13 allows debtors to reorganize their debts under supervisions of the federal bankruptcy court system.

Lewis, who for more than six years has been advising distressed homeowners, seeks business through his Web site, www.illegalforeclosures.com. Suthers wrote in the bankruptcy filing that Lewis has “either shifted his activities from Colorado to Illinois, or expanded his activities to include Illinois.” In his lawsuit against Lewis, Suthers charges that Lewis is suspected of occupying an elderly Illinois woman’s home rent-free for more than a year. When the woman attempted to repossess her own home, Lewis filed a lawsuit against her claiming racial discrimination, according to Suthers.

If you or someone you know is looking to file a chapter 13 claim, contact the expert Northern California chapter 13 bankruptcy attorneys, of the Law Offices of Bowman & Associates, APC., for a free consultation. Our expert team of bankruptcy attorneys will compare your options under the other available Chapters, and will make sure all options are explained clearly so that you understand what is happening with your file every step of the way.

The University depends on about 16 workers from Freeman to help take care of security around campus. University of Hawaii officials had very little lead time to put contingency plans in place.

“We were affected last night. We had some Freeman Guards at the libraries and they didn’t show up for work,” said Wayne Ogino, chief of security at the University of Hawaii.

On Thursday afternoon, the company filed for Chapter 7 bankruptcy, which will mean the liquidation of its assets.

“It was an emergency filing. There was a plan, a hope to sell to Securitas but that broke down as late as Wednesday so they didn’t have options,” said court appointed trustee David Farmer.

The Kalihi offices of Freeman Guards were all locked up but someone did post a sign saying the company was no longer operating. It advised workers to contact the state Labor Department or to apply for work with Star Protection Agency or Securitas.

The filing means the collapse of a longtime family business.

“It’s over. Freeman Guards, a company that’s been around since 1972 is no more,” Farmer said.

If you or someone you know needs to completely eliminate your dischargeable debt, contact the experienced Sacramento Chapter 7 bankruptcy attorneys, of the Law Offices of Bowman & Associates, APC., for a free consultation. Our expert legal staff is knowledgeable in bankruptcy and chapter 7 law, and will do whatever we can to make sure you are able to have a fresh start.

Read entire article…

Bankruptcy is a product of federal statute. But the laws that govern bankruptcy use state exemptions to determine which assets you can and cannot protect. These state law exemptions allow every resident to protect assets from the reach of creditors. When you consult with the attorneys of Bowman & Associates, we apply your facts to the law and tell you if any of your property is at risk.

Federal bankruptcy law gives certain personal assets protection from being sold off (liquidated) in Chapter 7 bankruptcy to repay creditors. The exemptions include but are not limited to the following:

• IRA, 401(k) and other retirement accounts
• Household goods and furnishings
• Ordinary wearing apparel, including uniforms and other work apparel
• Tools required for your job
• Equity in a vehicle, up to a limit
• Home equity, up to a limit
• Some cash and valuables like jewelry or art

The most important exemption available to California debtors involves equity in the homestead. An individual can claim up to $50,000 of equity in a primary residence as exempt from creditors’ claims, while a couple filing a joint petition can exempt up to $75,000 of homestead equity. The California Homestead Exemption is $150,000 if the debtor is a senior, disabled or is 55 years old with limited income.

Sacramento Asset Protection Attorneys

A number of factors, including marital status and age, will determine the value of assets you will be allowed to exempt from liquidation during bankruptcy. Among the assets we are often able to protect for clients going through bankruptcy are:

• Home equity
• Vehicles
• Retirement accounts

The Asset Protection Lawyers of Bowman & Associates help clients across California from their offices in Sacramento and Folsom. If you or someone you know has legal questions, contact our experienced bankruptcy law firm today to schedule a free consultation with an experienced attorney.

Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of a car, for medical care, or for credit cards. But only debt collectors—not the creditor itself—are covered. That means Citibank wouldn’t be covered, but Citibank’s outside collection agency would be.

The FDCPA controls when a collector may and may not call, where you may be called, and how to stop calls. It limits when other people can be called about your past due bills, and how to make them prove you owe the money—or leave you alone.

Debt collectors’ notoriously outrageous behavior led Congress to regulate their activities. The Fair Debt Collection Practices Act was passed 1977. Under this law, debt collectors are clearly prohibited from engaging in a variety of unfair practices. Here are some examples of conduct which the law prohibits:

• Contacting a consumer and failing to identify himself.
• Contacting you via post card.
• Contacting you after he knows that you are represented by an attorney.
• Contacting you at an inconvenient time, such as before 9:00 a.m. or after 8:00 p.m. local time.
• Contacting you at your work place if you have stated that your employer prohibits you from receiving phone calls of this nature at work.
• Contacting your friends, neighbors or co-workers and telling them you owe them money.
• Contacting you after you have notified them to stop contacting you.
• Threatening to have you arrested when they have no intention of doing so.
• Using obscene, threatening or profane language in contacting you.
• Repeated or continuous phone calls.
• Falsely implying that you committed a crime.
• Failing to advise you of your right to dispute the debt.

You have the absolute right to demand that a debt collector cease communication. You just have to write a letter setting forth your demand. If you notify the collector that you refuse to pay the debt, that notice also serves as a cease communications notice. In either event, the debt collector may no longer communicate with you except to notify you that he is exercising specific rights.

The Fair Debt Collection Practices Act, a federal law that regulates debt collectors, states that a debt collector must cease all communication with you if you inform them IN WRITING that you refuse to pay the debt or wish the debt collector to cease further communication with you. The letter to the debt collector can be as simple as: “You contacted me concerning ___ debt. Please cease all communication with me concerning this debt. Thank you.” If you don’t owe the debt or all that they say you do, tell them that.

We highly recommend that you send this notice by certified mail, return receipt requested. The notice is effective as of the date they sign for it. The debt collector can then only contact you to tell you they aren’t going to contact you anymore, to tell you they are going to sue you, or by actually suing you. If the debt collector contacts you by any method and it’s not for one of these three reasons, they have violated the Fair Debt Collection Practices Act. You should our skilled bankruptcy and debt collection attorneys.

Every collection representative and some lawyers are required to conform to Section 12 of the FDCPA. This section specifically standardizes the style of letters and lingo that the collector agent is allowed to use. Section 807 states the boundaries that collectors must stay within and gives examples of 16 different schemes that are against the law. Bill collectors can be fined as much as $1,000 per infringement, and if your reputation is tarnished in the process, the FDCPA gives you the opportunity to receive compensation for punitive damages too.

The FDCPA mandates debt collectors to verify that they are contacting the correct person and that the sum they are inquiring about is also the right amount. Collection agents are allowed to search for debtors, and through process of elimination, they will sometimes reach the wrong person as a result of erroneous records on file.

Making the mistake of calling the wrong person is perfectly legal, but if they continue to pursue this person after being told they have the wrong one, it is considered a serious breach. It is also considered a crime if the debtor has already disputed the debt and the collection agency refuses to stop calling and making threats.

Debt collectors cannot harass or threaten you, they can’t lie and they can’t violate your rights. Period.

You have the right to sue a debt collector in a state or federal court within one year from the date from the date the law was violated. If you win, you may recover money for the actual damages you suffered plus an additional amount up to $1,000. Court costs and attorneys fees also can be recovered.

If you have received a misleading debt collection letter and plan to take legal action, Bowman & Associates can provide you with an experienced and specialized creditor harassment attorney.