Bankruptcy Legal Services in San Diego
35+ Years of Exclusive Bankruptcy Experience
Are you struggling to repay your creditors? Are you searching for a way to get some relief from your debts? Debt Relief Legal Clinic is here to assist you. Our San Diego bankruptcy lawyers can help evaluate your options and guide you towards a solution that is right for your unique situation.
Our certified bankruptcy specialists provide reliable counsel on matters related to:
What Is Bankruptcy?
When an individual or business files for bankruptcy, they are making an official declaration that they are unable to repay their creditors. The federal Bankruptcy Code regulates the rules and procedures of the filing process. Within this Code, there are several chapters, which are essentially different types of bankruptcy filings. It is important to understand the various chapters, their advantages and disadvantages, and which one is most pertinent for your situation.
Within this Code, there are several chapters, which are essentially different types of bankruptcy filings. It is important to understand the various chapters, their advantages and disadvantages, and which one is most pertinent for your situation.
Understanding the Different Types of Bankruptcy
For individuals, there are two primary forms of bankruptcy: Chapter 7 and Chapter 13. Chapter 7, often referred to as liquidation bankruptcy, is typically the filing used by those who have little to no disposable income. The debtor’s “non-exempt” assets are sold by a court-appointed trustee, the proceeds of which are then used to repay the various creditors. After the monies have been used, any remaining debts will be discharged.
Chapter 13, also known as reorganization bankruptcy, is the common way to go for those who have a regular income or make more than a specific threshold. Many also choose this form of bankruptcy if they want to keep more of their assets. Chapter 13 involves creating a repayment plan that spans three to five years. After the payment is complete, the debtor’s remaining debts will be discharged.
Call Debt Relief Legal Clinic at (619) 639-9228 today to schedule your free consultation.
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Dischargeable Debts Vs. Nondischargeable Debts
Bankruptcy can help you eliminate many kinds of debts, but not all. Those debts that can be eliminated are known as dischargeable debts. Upon receiving a discharge, the debtor is no longer required to pay the specific debts, and their creditors are prohibited from continuing collection efforts. Some types of debts that are dischargeable in bankruptcy include; Medical bills, Past-due utility bills, Credit card debts, Personal loans from family, friends, and others.
There are many debts that a debtor still remains responsible for after the bankruptcy process. Known as nondischargeable debts, this category of debt includes student loans, alimony payments, child support, criminal restitution, and certain unpaid taxes. Our experienced bankruptcy lawyers can help you review which of your debts can be discharged by filing for bankruptcy.
Protect Your Assets with Bankruptcy Exemptions
When considering bankruptcy, it's important to understand that not all of your assets will be lost. Bankruptcy exemptions allow you to protect certain property from being seized and sold to repay your debts. At Debt Relief Legal Clinic, our experienced bankruptcy attorneys in San Diego can help you navigate the complex laws surrounding bankruptcy exemptions and ensure that you retain as much of your property as possible.
Some common bankruptcy exemptions include:
- Homestead exemption: Protects the equity in your primary residence
- Vehicle exemption: Allows you to keep a certain value of your car or other vehicles
- Wildcard exemption: Provides additional protection for any property of your choice
- Personal property exemption: Safeguards essential items such as clothing, furniture, and appliances
- Retirement account exemption: Preserves your retirement savings
By utilizing bankruptcy exemptions, you can find relief from overwhelming debt while still maintaining the assets that are most important to you and your family.
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Certified Bankruptcy SpecialistAttorney John C. Colwell has been recognized by the State Bar of California as one of 12 certified legal specialists in San Diego County for Bankruptcy Law.
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ExperiencedOur attorney has over 35 years of experience and has dedicated the firm to consumer bankruptcy.
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BilingualOur legal team is bilingual and serve our clients in English and Spanish.
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Immediate Past President of NACBAJohn C. Colwell has been a member of NACBA for 25 years and is the Immediate Past President.
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Personal ApproachWe are a family-oriented business, committed to helping you get relief from debt.
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Affordable
We offer free consultations and take online payments for your convenience.
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John and his team provide top tier services with a price point that will not set you back. The value is unmatched. I knew I found the right place after my first Zoom meeting with John. After dealing with different attorneys in different arenas, I was a skeptic before meeting John face to face. After our initial meeting all my fears were gone. John is very down to earth and very easy to talk to. I did not sense the slightest hint of ego or intimidation that I have seen with other attorneys. John and his team DELIVERED! I felt that with the guidance and information given to me by this company that I had full confidence in this solution to my challenges. Not only did i have confidence in Johns knowledge of his profession, I had full confidence that all of Johns team were there to support me with any questions or concerns. I feel a thousand pounds lighter after this experience with DRLC and i would send my closest friends and family in their direction if ever the situation arose.- Matthew B.
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I want to recommend the Debt Relief Clinic for their wonderful service and knowledge, which you need when you're at a tough time in your life. I can't say enough about how wonderful the staff and the attorneys are to work with through the process. They give wonderful advice and always answer any questions very quickly. I really recommend this law firm.- Laura M.
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John Colwell is a great attorney. I had a difficult case but he was able to get it done. This has changed my life. I wish I could give him more than 5 stars.- Terry D.
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John Colwell and Daniel Wiedecker handled our bankruptcy very professionally and we are very pleased with their legal services, attention to our questions and knowledge in their field of law. We would recommend anyone to this law firm. They are specialists and you are in good hands with this talented group of professionals.- Allie F.
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- Lori Kalman Adkins
Mr. John Colwell and his team helped me get through chapter 7 without a glitch! I'm so thankful for the support I received over the past year. I had lots of life changes this past year and I knew what I needed to do financially and who to call. I met Mr. Colwell in 2002 when I needed support and a chapter 7. He also helped my husband with his chapter 13. I was so happy he was still in downtown SD all these years later and available to meet with me when I was ready. Mr. Colwell goes the extra mile for his clients! I really appreciated his time and extra time for a zoom mtg. during covid-19 pandemic to answer my additional questions prior to discharge! Financial Freedom is an awesome feeling! I'm looking forward to what comes next in life!! Won't be making the same mistakes. Live and learn! I recommend it! Thank you so much! Stay safe!
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Mr. Colwell and his team were awesome in assisting me through what started as a Chapter 13 and converted to a Chapter 7. They were prompt and reminded me often of what the next requirements were so that I never skipped a beat. The courts know his team and work with them to see to it that matters get resolved quickly. I would encourage anyone considering bankruptcy to contact DRLC first!- Lisa H.
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Mr. Colwell is an excellent attorney. Thanks to him, my husband and I have a new start without being mired in credit card debt. He basically held our hands throughout the whole process and made it much less stressful for us. Thank you, Mr. Colwell!- Chris A.
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Unfortunately, I had to file BK 13; but luckily, I found Debt Relief Legal Clinic. It was recommended by a friend who was worried about me because I originally filed pro se (without an attorney). I can't even imagine what would have happened if I had continued pro se. (Well, actually I do know: the case would've been dismissed immediately, and I would've been screwed) But the brilliance of this team has kept my case alive for over a year now, and I can't thank them enough! It is truly a "bankruptcy miracle", and you can have one, too. I can't say enough about DRLC, but let me put it simply, You're CRAZY if you use anyone else or represent yourself! ;)- Nadine B.
Knowing When Bankruptcy Is the Right Option
The decision to file for bankruptcy is an important one, and should not be made without seeking the counsel of a certified bankruptcy specialist. Although filing for bankruptcy can be a great way to get relief from overwhelming debt, creditor harassment, foreclosure, and repossession, it is not right for everyone. Before you choose to file for bankruptcy, consult with our San Diego bankruptcy attorneys at Debt Relief Legal Clinic. We can help you determine if you would benefit by filing for bankruptcy. Get on the road to being debt-free by calling (619) 639-9228 now. We’ve been helping clients get the relief they need since 1975. Schedule your free case consultation today.
Bankruptcy FAQ
How can bankruptcy help with creditor harassment?
Filing for bankruptcy can put an immediate stop to creditor harassment. Once you file for bankruptcy, an automatic stay is issued, which prevents creditors from taking any further collection actions against you. This includes phone calls, letters, lawsuits, wage garnishment, and foreclosure.
Can I keep any of my assets if I file for bankruptcy?
In bankruptcy, there are exemptions that allow you to keep certain assets. These exemptions vary by state and can include your home, car, household goods, and retirement accounts. Our experienced bankruptcy lawyers can help you understand the exemptions available in San Diego, CA.
How long does bankruptcy stay on my credit report?
Bankruptcy can stay on your credit report for up to 10 years. However, its impact on your credit score lessens over time, especially if you take steps to rebuild your credit after bankruptcy, such as making timely payments and maintaining a low credit utilization ratio.
Contact us today at (619) 639-9228 to schedule a consultation and learn more about how we can protect your assets through bankruptcy.
Attorney John C. Colwell is the Immediate Past President of the National Association of Consumer Bankruptcy Attorneys and has dedicated his practice to consumer bankruptcy since 1989.