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Best Bankruptcy Attorneys in El Cajon

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Arizmendi Law Firm logo
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Arizmendi Law Firm

2667 Camino Del Rio So. Suite 306, San Diego, CA 92108
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

The El Cajon metro area is served by the Arizmendi Law Firm. It aids in the filing of chapters 7 and 13 bankruptcy petitions, working to assist people in regaining financial stability. Additionally, it aids clients in getting rid of three-year-old taxes. In addition to bankruptcy filings, it also handles probate cases and helps decedents' families carry out final wills and testaments. Ruben F. Arizmendi, an attorney at the firm, belongs to the National Association of Consumer Bankruptcy Attorneys.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
5.0 / 5 (7)
Facebook
5.0 / 5 (3)

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We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Bret Gregory Hamelin APLC logo
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Bret Gregory Hamelin APLC

4665 Yerba Santa Drive, San Diego, CA 92121
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Chapter 11 Bankruptcy

Business Description

Bret Gregory Hamelin APLC offers bankruptcy counsel and representation for clients in El Cajon and the neighboring areas. The firm caters to individuals and businesses, often assisting them with chapters 7, 11, and 13 of the Bankruptcy Code to give them a fresh start and take back control of their financial situations. The practice was established in 1993 and also takes on cases surrounding estate planning, probate and trust administration, business disputes, and tax planning.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Curry Advisors logo
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Curry Advisors

185 West F Street, Suite 100, San Diego, CA 92101
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  • Chapter 7 Bankruptcy
  • Chapter 11 Bankruptcy
  • Creditor Representation

Business Description

Curry Advisors, A Professional Law Corporation, has been catering to clients in El Cajon and the surrounding communities for more than 30 years. The practice assists with chapters 7 and 11 bankruptcy to help clients settle their finances. It also offers litigation in different bankruptcy-related matters, which include creditor issues, business disputes, contract breaches, and shareholder issues. The office's principal attorney, K. Todd Curry, graduated magna cum laude from law school. He served on the board of directors for the San Diego Bankruptcy Forum.

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5.0
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Daniel J. Winfree,  Attorney at Law logo
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Daniel J. Winfree, Attorney at Law

PO Box 190610, San Diego, CA 92159
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  • Debt Settlement

Business Description

Daniel J. Winfree, Attorney at Law has been helping residents of El Cajon and nearby areas with their legal needs for over 23 years. Winfree assists individuals, families, and small business owners struggling with debt problems with seeking bankruptcy protection. He focuses on chapter 7 and chapter 13 bankruptcy filings. Aside from being a bankruptcy lawyer, Winfree also represents individuals in tax litigation. Winfree is admitted to the State Bar of California. He also provides legal services to clients in San Francisco and surrounding areas.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (1)

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5.0
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David Pomeranz logo
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David Pomeranz

270 East Douglas Avenue, El Cajon, CA 92020
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

David Pomeranz addresses the legal concerns of individuals, families, and business owners in El Cajon. One of his practice areas is bankruptcy law, helping clients resolve chapters 7 and 13 disputes. The attorney works closely with debtors to develop strategies on how they can prevent or stop wage garnishments and debt collections. Pomeranz is a member of the California Bankruptcy Forum. He also serves couples dealing with divorce, paternity rights, and child and custody issues.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Yelp
5.0 / 5 (8)
Google
4.7 / 5 (6)
Facebook
5.0 / 5 (1)

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We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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DiMarco Warshaw logo
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DiMarco Warshaw

1201 Puerta Del Sol Ste 317, El Cajon, CA 92673
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

DiMarco Warshaw is a team of debt solution attorneys that helps individuals and businesses in the El Cajon community. The experts render services in bankruptcy, creditor negotiation and settlement, loan modification, and foreclosure defense. They represent clients in lawsuits, including those that come up during the debt negotiation process. Partner Darren DiMarco Sr. has been practicing law for over 20 years and is a licensed real estate broker. On the other hand, Andy Warshaw is a board-certified bankruptcy law specialist.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Doan Law Firm logo
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Doan Law Firm

185 West F Street, San Diego, CA 92101
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

Doan Law Firm is a bankruptcy-focused legal company that serves the El Cajon area. It provides assistance in filing chapter 7 or chapter 13 bankruptcy. The legal office uses technology that allows clients to file bankruptcy online. The bankruptcy law firm has a team of sixteen attorneys that a combined legal experience of more than 150 years. One of the team's lawyers, Michael Doan, is a board-certified specialist in consumer bankruptcy law by the American Board of Certification.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Google
4.2 / 5 (13)
Yelp
5.0 / 5 (4)

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We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Goode | Hemme logo
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Goode | Hemme

6256 Greenwich Drive, San Diego, CA 92122
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Debt Settlement

Business Description

Goode | Hemme assists individuals and businesses in El Cajon with various legal matters. One of the firm's services is creditor representation in bankruptcy cases. Jerry D. Hemme Esq., the company's bankruptcy lawyer, helps clients in a wide range of matters including real estate foreclosure, debtor exams, fraudulent transfer litigation, and recovery of costs. Hemme also handles disputes between debtors and creditors. The managing partner and co-founder of Goode | Hemme has been providing professional legal services since 1981.

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Jorge Halperin Attorney at Law logo
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Jorge Halperin Attorney at Law

1901 1st Ave. Suite 214 D, San Diego, CA 92101
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

Jorge Halperin, Attorney at Law, serves businesses and consumers in El Cajon, assisting in eliminating or repaying their debts under the jurisdiction of the federal bankruptcy court. The firm helps clients with reorganizing, reducing, or abolishing debts through payments. Jorge Halperin, the firm's attorney, handles chapter 7 bankruptcy services, protecting clients against wage garnishments, collection agencies, foreclosures, repossessions, and bank levies. Additionally, he helps wealthier individuals and professionals with chapter 13 bankruptcy petitions. Haperin also handles family and immigration law matters.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (16)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Joshi Law Group logo
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Joshi Law Group

8555 Aero Drive, San Diego, CA 92123
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

The attorneys at Joshi Law Group assist El Cajon residents with numerous legal areas including bankruptcy. With a strong focus on bankruptcy law, the legal office provides counsel and representation on personal bankruptcy and business bankruptcy matters. The bankruptcy law firm evaluates clients' credit reports in order to determine the bankruptcy type suitable for their financial situation. Aside from this, Joshi Law Group offers bankruptcy litigation services. Firm founder Deepalie Milie Joshi personally supervises each case that the company handles.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Avvo
5.0 / 5 (44)
Facebook
4.8 / 5 (21)
Google
4.2 / 5 (5)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Law Office of Bernard M. Hansen logo
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Law Office of Bernard M. Hansen

3465 Camino Del Rio S, San Diego, CA 92108
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  • Creditor Representation

Business Description

The Law Office of Bernard M. Hansen represents creditors and debtors before the bankruptcy court in El Cajon. Bernard Hansen, the firm's managing attorney, has over 36 years of experience practicing resolution and litigation of contract disputes in state courts. His debtor representation involves keeping the client's assets safe and helping them discharge debts, including student loans, domestic obligations, and taxes. He also works with creditors in filing a non-dischargeable action against debtors and motions to dismiss their cases.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (5)
Yelp
5.0 / 5 (2)
Google
5.0 / 5 (1)
Law Office of Michelle A. Gastil logo
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Law Office of Michelle A. Gastil

7710 Balboa Avenue, Suite 325, San Diego, CA 92111
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  • Debt Settlement

Business Description

Law Office of Michelle A. Gastil offers legal counsel and representation to El Cajon residents. Included in its practice areas is bankruptcy law. Michelle A. Gastil, Esq., the firm's attorney, assists with both consumer and corporate bankruptcy petitions. She provides representation for creditors and debtors in bankruptcy proceedings. The bankruptcy lawyer has over a decade of legal experience. She is an active member of the San Diego County Bar Association's bankruptcy and civil litigation sections.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (5)
Facebook
5.0 / 5 (4)
Avvo
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Law Offices of Alspaugh & Alspaugh logo
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Law Offices of Alspaugh & Alspaugh

275 East Douglas Avenue, Suite 104, El Cajon, CA 92020
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Chapter 11 Bankruptcy

Business Description

The Law Offices of Alspaugh & Alspaugh in El Cajon provides legal help to individuals and businesses seeking bankruptcy relief. It assists with various bankruptcy matters, including filing for chapters 7 and 13 bankruptcy and negotiating with creditors. Its other practice areas include estate and civil litigation, probate and trust administration, and personal injury law. Its founder's son, George A. Alspaugh Jr., strives to continue his father's legal standards by addressing the unique needs of each client and resolving them through negotiation or litigation.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (2)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Detail
––
Law Offices of Roberto Robledo logo
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Law Offices of Roberto Robledo

3919 30th St., San Diego, CA 92104
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  • Chapter 7 Bankruptcy

Business Description

The Law Offices of Roberto Robledo caters to clients in El Cajon. It helps individuals recover from debts by assisting them through the bankruptcy process. The solo legal practice also negotiates debt settlement solutions on behalf of debtors. In addition, it pursues legal actions against creditors and debt collectors who resort to illegal ways of collecting payments. Principal attorney Roberto Robledo is a San Diego native. His 10-year-long service has been driven by his passion for helping fellow San Diegans overcome financial difficulties.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (12)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Marr Law Group logo
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Marr Law Group

402 West Broadway, Suite 860, San Diego, CA 92101
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  • Chapter 7 Bankruptcy

Business Description

Marr Law Group represents individuals and businesses in El Cajon. It offers legal solutions regarding bankruptcy matters, handling chapters 7, 11, and 13 processes. It helps in the repayment and treatment of debts owed in a divorce settlement, prior bankruptcies, secured mortgages, auto loans, and nonexempt valuable property. Marr Law Group also deals with personal injury law and business litigation. Its attorney, Geoffrey Marr, has been practicing law since 1985 and is licensed in all bankruptcy courts in California.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Google
4.4 / 5 (37)
Facebook
5.0 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Michael Koch, Esq. Lockhart, Britton & Koch logo
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Michael Koch, Esq. Lockhart, Britton & Koch

7777 Alvarado Road, La Mesa, CA 91942
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

Michael Koch, Esq. Lockhart, Britton & Koch services El Cajon area residents seeking to get out of bankruptcy challenges. Based in La Mesa, the firm offers bankruptcy support for individuals and small businesses looking for debt relief, personal filing assistance, and tax guidance after missing filings or struggling with wage garnishment. The law office also helps clients impacted by medical-related debt, cash flow issues, and income changes brought by marital status updates. Koch has more than 14 years of experience in bankruptcy management and has handled approximately 33,000 cases.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.7 / 5 (14)
Facebook
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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New Chapter Law Group logo
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New Chapter Law Group

7710 Balboa Avenue, San Diego, CA 92111
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

New Chapter Law Group provides debt relief solutions to El Cajon residents. The two-person bankruptcy law firm protects clients from repossessions, creditor harassment, wage garnishments, and foreclosures through chapter 7 and chapter 13 bankruptcy. Nikhil Chawla, the co-founder of the company, has been exclusively practicing consumer bankruptcy for more than 4 years. His co-founder Kirstin Lamar has filed thousands of chapter 7 and chapter 13 bankruptcy cases since 2008. Lamar is licensed to practice in California and New York.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Yelp
5.0 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Octavio Velarde Attorney at Law logo
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Octavio Velarde Attorney at Law

3111 Camino Del Rio North, Suite 400, San Diego, CA 92108
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  • Debt Settlement

Business Description

Octavio Velarde Attorney at Law helps El Cajon individuals start again with a clean slate. Velarde represents individuals in eviction defense, chapters 13 or 7 consumer bankruptcy, and wrongful termination of employment. In addition, he assists non-citizens in filing for bankruptcy, debtors in managing interests and fees from creditors, and students in discharging school loans. Velarde is a member of NACBA and the Tom Homann LGBT Law Association. He has been working with labor unions for more than 10 years.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.0
Google
4.6 / 5 (25)
Yelp
3.5 / 5 (10)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Shanner & Associates logo
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Shanner & Associates

7777 Alvarado Road, La Mesa, CA 91942
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • IRS Tax Debt

Business Description

Shanner & Associates is a legal firm that helps individuals based in El Cajon. It covers a number of practice areas including bankruptcy. Toby Shanner, attorney at law, is committed to addressing foreclosure, wage garnishment, creditor calls, and repossessions through bankruptcy. During a consultation, Shanner gives clients an understanding of their rights and their debt relief options. Shanner & Associates has filed more than 2,000 bankruptcy cases. The company has been in service for more than four decades.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Yelp
5.0 / 5 (20)
Avvo
5.0 / 5 (16)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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The Law Office of Brian A. Kretsch logo
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The Law Office of Brian A. Kretsch

810 Jamacha Road, Suite 202, El Cajon, CA 92019
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Debt Settlement

Business Description

The Law Office of Brian A. Kretsch offers comprehensive bankruptcy services to individuals and small businesses in the El Cajon area. It guides clients in navigating each step of the legal proceedings for chapters 7 and 13 bankruptcy, including filing, document preparation, and settlement. The law firm also provides non-bankruptcy options in resolving debt problems through payment negotiation. Brian Kretsch has been handling bankruptcy matters for more than 20 years. He is a member of NACBA.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
The Law Office of Harris J. Brumer, APC logo
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The Law Office of Harris J. Brumer, APC

600 West Broadway, San Diego, CA 92101
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

Serving the El Cajon area, The Law Office of Harris J. Brumer, APC provides legal counsel for various areas including bankruptcy law. Harris J. Brumer, the firm's bankruptcy attorney, assists clients that file for chapter 7 or chapter 13 bankruptcy. After graduating from law school in 2006, he worked in the areas of bankruptcy and criminal defense at two private firms. Aside from bankruptcy, the attorney handles cases concerning military law, child custody, military divorce, paternity suits, and annulments.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Yelp
5.0 / 5 (12)
Facebook
5.0 / 5 (9)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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The Law Office of Mark Reed logo
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The Law Office of Mark Reed

7710 Balboa Avenue, San Diego, CA 92111
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  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy

Business Description

The Law Office of Mark Reed handles a number of legal areas including bankruptcy. Serving the El Cajon area, the law firm helps clients address debt through chapter 13, chapter 11, and chapter 7 bankruptcy. Mark Reed, the company's bankruptcy attorney, assists clients in understanding the new bankruptcy law that took effect in 2005 and how this will affect their financial situation. Reed also provides assistance with credit repair post-bankruptcy. He has more than two decades of legal experience.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Avvo
5.0 / 5 (19)
Google
4.5 / 5 (17)
Yelp
5.0 / 5 (16)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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VC Law Group logo
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VC Law Group

6540 Lusk Boulevard, San Diego, CA 92121
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  • Chapter 7 Bankruptcy

Business Description

VC Law Group provides a wide range of legal services including consumer bankruptcy. Serving El Cajon, the law firm regularly advises individuals regarding which bankruptcy option will meet their needs. Vik Chaudhry, the company's bankruptcy attorney, prepares chapter 7 bankruptcy petitions. Chaudry provides legal representation during 341(a) meetings of creditors. He also drafts chapter 13 bankruptcy plans. Chaudhry is admitted to practice in California and Illinois. He is the Bankruptcy MCLE Chair of the San Diego North County Bar Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Yelp
4.5 / 5 (26)
Google
4.5 / 5 (10)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
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Back to Providers

Frequently Asked Questions

What does a bankruptcy attorney do?

Bankruptcy attorneys help clients understand whether they qualify for bankruptcy and what their best options are. They also prepare and file petitions, answer questions during the proceedings, and educate clients about potential best steps for a positive bankruptcy outcome. Bankruptcy attorneys might also file motions or paperwork if creditors dispute the bankruptcy, or to stop creditors from taking collections actions forbidden by the bankruptcy.

What happens when you file bankruptcy?

Bankruptcy is a formal process that individuals, married couples, or businesses can enact when they are no longer able to pay creditors. In a bankruptcy proceeding, filers are allowed to reduce debt to more manageable levels to best pay off money owed.

Once the bankruptcy process is initiated, debt collectors can no longer seek repayments outside of the arrangements detailed in the bankruptcy settlement. Some forms of bankruptcy result in the liquidation of assets to pay back debts, while others allow filers to retain most of their possessions and investments. Many types of unsecured debt can be managed with bankruptcy filings, but not all.

Can you file bankruptcy on student loans?

Under most circumstances, student loans aren't dischargeable and aren't included in bankruptcy proceedings. In rare cases, it may be possible to eliminate student loans through bankruptcy, but only if the courts determine that continuing to pay the loans would impose an undue hardship. Meeting the criteria for undue hardship is challenging, and most bankruptcy filers don't qualify.

What is bankruptcy fraud?

Bankruptcy fraud is a blanket term that refers to any kind of dishonest bankruptcy proceeding, which can include:

  • Hiding assets by transferring them to another person or entity
  • Intentionally omitting assets when reporting to the court
  • Destroying or withholding required documents
  • Knowingly making false statements to bankruptcy trustees or creditors

How long is bankruptcy on public record?

How long bankruptcy stays on public record depends on the kind of bankruptcy filing in question. Chapter 7 bankruptcy remains on the record for 10 years as there isn't necessarily a repayment component. Chapter 13 bankruptcy remains on the record for seven years as some obligations are repaid following filing based on the terms of a discharge settlement.

Does bankruptcy clear tax debt?

Bankruptcy can clear tax debt, depending on the circumstances. Taxes are dischargeable under Chapter 7 bankruptcy, not Chapter 13, and only if the tax debt is:

  • Federal income tax debt related to current properly filed tax returns
  • Honestly incurred with no fraud or evasion
  • At least three years old
  • Assessed at least 240 days before bankruptcy filings

Existing liens are not eliminated with bankruptcy.


Can they take my car in Chapter 7 bankruptcy?

In many cases, it's possible to keep a vehicle following Chapter 7 bankruptcy. The Chapter 7 Motor Vehicle Exemption allows filers who own their vehicles outright or who are up to date with payments to keep their cars. However, those behind on making car payments are required to arrange a repayment plan. Otherwise, the vehicle may be repossessed as a part of the proceedings.

How bad is it to file bankruptcy twice?

Although possible, due to the damaging nature of bankruptcy, filing bankruptcy more than once isn't recommended. Filing multiple times puts a serious burden on one's credit report, making it harder to get a loan, buy a house, buy a car, or even open credit cards.

Note that filing for bankruptcy isn't something that can be done at a filer's leisure. There are time limits following bankruptcy cases that dictate when it's permissible to file again. For example, after Chapter 7 bankruptcy, filers must wait at least eight years before filing Chapter 7 again or four years before filing Chapter 13.

Can anyone file bankruptcy?

Anyone can file bankruptcy, but there are limitations regarding which form of bankruptcy is permissible. Qualifying for Chapter 7 requires a means test that evaluates income, debt levels, and income left over each month after paying basic obligations. Income over the median set by the court and monthly income that allows meaningful payments toward unsecured debt can disqualify filers from Chapter 7, which is generally the preferred form of bankruptcy due to the possibility of a full discharge. Anyone can file Chapter 13 bankruptcy, but the terms are less favorable. In most cases, some debts must be repaid following a successful filing. Chapter 13 is also more likely to result in asset forfeiture.

How will bankruptcy affect my credit score?

Bankruptcies are noted on credit reports. How much a bankruptcy might drop a person's credit score depends on how high the score was to begin with, but generally speaking, the hit can be as much as 100 to 200 points. Often scores are already dropping because people filing for bankruptcy may have already missed payments on debts. Chapter 13 bankruptcies are listed on credit reports for seven years from the filing date, while Chapter 7 bankruptcies are listed for 10 years from the filing date. This is because Chapter 13 bankruptcies require at least partial payment of debts owed.

What are the benefits of filing for bankruptcy?

Filing a bankruptcy petition causes an automatic stay. This legally stops creditors from taking further action to collect debt, including garnishing wages or foreclosing on property. Going through a bankruptcy successfully means that debts included in the bankruptcy are discharged and don't have to be paid back, except as provided in a Chapter 13 repayment plan. Bankruptcy can help someone recover from financial duress so they can make better decisions and improve financial situations in the future. Disadvantages can include temporary lower credit scores and limitations on spending and financing.

What's the difference between debt settlement and bankruptcy?

Debt settlement occurs when people negotiate with individual creditors. The creditor agrees to take a payment that's lower than what someone owes and call the debt “paid in full.” Bankruptcy is a legal process that causes debts to be dismissed after someone proves they don't currently have the means to pay their debts as owed. Typically, someone can't enter into bankruptcy and also settle some debts, because the court would see that as favoring one creditor over another.

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