Bankruptcy Attorney Scott Dicus

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Attorney Scott Dicus, founder of QikLaw, is an experienced California bankruptcy lawyer with a Five-Star Client Rating on TrustPilot and Yelp. Mr. Dicus has successfully resolved hundreds of bankruptcy matters throughout Southern California. If you have are considering bankruptcy or struggling with debt, it is important that consult with a knowldgeable attorney.

There are several different chapters of bankruptcy, so it is important that you speak with an experienced Bankruptcy Attorney in order to determine which option is best for you and your family.

The benefits of bankruptcy:

  • The bankruptcy discharge will ELIMINATE all or most of your debt (credit cards, medical bills, lawsuit judgements, lease obligations, personal loans, etc.);
  • Immediately STOP harassing creditor phone calls.
  • STOP wage garnishemnts and collections lawsuits.
  • STOP a car from being repossessed or STOP a home foreclosure;
  • After receiving a discharge you can START to rebuild your credit end ENJOY life again.

Call or text (714) 202-5737 to speak with attorney Scott Dicus and receive a free case evaluation, or click “Get Started” to provide us with your contact information and he will contact you.

While the decision to file for bankruptcy may be a difficult one, there are many immediate and long term benefits to filing for bankruptcy. These benefits include:

  • Most importantly, bankruptcy will result in a discharge of all or most of your debt (credit cards, medical bills, lawsuit judgements, lease obligations, personal loans, etc.);
  • Filing for bankrutpcy provides you with the protection of the bankruptcy court. You can immediately stop harassing creditor phone calls.
  • Similarly, upon filing you can stop a collections lawsuit from continuing.
  • Bankruptcy will stop wage garnishment (also, you can recover any amounts that have been garnished in the previous 90 days);
  • Filing for bankruptcy will temporarily stop a car from being repossessed or stop a home foreclosure;
  • After receiving a discharge you can start to rebuild your credit. Most of my clients see a credit score increase of 100 points within one year of receiving a discharge.

Bankruptcy will allow you to move forward with your life, free of debt. Do not hesitate to contact our offices if you have additional questions about the benefits of bankruptcy.

Call or text (714) 202-5737 to speak with attorney Scott Dicus and receive a free case evaluation, or click “Get Started” to provide us with your contact information and he will contact you.

  1. First, schedule a free, no obligation consultation with attorney Scott Dicus to discuss your options. You do have options and it is important that you know what they are.
  2. Once you decide to move forward, Mr. Dicus will provide you with a questionnaire and a list of documents to put together (i.e. tax returns, pay stubs, copies of lawsuits or wage garnishments, etc.)
  3. Before filing, you will need to take an online credit counseling course. This is a simple, but important requirement and Mr. Dicus will provide you with information about several approved courses.
  4. Mr. Dicus will prepare the final bankruptcy petition and will schedule an appointment to sign and review the paperwork in detail.
  5. Mr. Dicus will file the petition with the court and provide you with a case number and proof of filing.
  6. About a month after filing, a meeting will be scheduled with a person called the Trustee. The Trustee’s duty is to review your bankruptcy paperwork and determine whether there exist any assets that can be sold for the benefit of the creditors. In the vast majority of cases, no such assets exist and this meeting ends up being mostly a formality. Mr. Dicus will prepare you for this hearing and make sure there are no surprises.
  7. After this meeting, there is a period of 60 days that must pass before the court grants the discharge. There is sometimes a back and forth between Mr. Dicus and the Trustee, but typically no additional court appearances are required.
  8. Before the court can grant a discharge, you must complete a financial management course. This is different from the credit counseling course. It is recommended that this course be completed immediately after the meeting with the Trustee.
  9. Once the judge grants the discharge, Mr. Dicus will be notified electronically and will call you to share the good news. A copy of the discharge will be provided to you to keep with your records.
  10. That’s it. Your debts have been discharged. Mr. Dicus remains available to all of his clients after completion of the case in case any questions should arise in the future.

* Note that because each case is unique and there are some procedural differences for each county in California your case may not follow our process outline exactly.

Will filing for bankruptcy stop a pending or existing wage garnishment? 

The short answer: Yes. In most cases, all funds seized via levy or garnishment in the 90 days prior to filing the bankruptcy petition can be recovered. However, this does not happen automatically. An experienced bankruptcy attorney who is familiar with recovering garnished funds will know how to protect your money and get it back.

Will filing for bankruptcy stop a pending lawsuit? 

In most cases, yes. Once you file for Chapter 7 bankruptcy, all state court collection activity must stop. Whether those lawsuits resume will depend on the outcome of the bankruptcy proceedings.

What will happen to my home if I file for bankruptcy? 

If you have non-exempt equity in your home, Chapter 7 bankruptcy may not be the best strategy to deal with your debts. If that is the case, the Trustee may have the power to sell your home. If you do not have non-exempt equity, you must keep making your payments before, during and after bankruptcy. If you have already missed payments, you’ll have to make them up to avoid foreclosure. Chapter 13 (link) provides many opportunities for saving a home that are unavailable in Chapter 7.

What will happen to my car if I file for bankruptcy? 

There are ways to protect your car when you file for bankruptcy. If you still owe money on the car, your lender will typically not repossess the vehicle if you continue to make your regular monthly payments. If your car is paid off, then you will need to protect it from the Bankruptcy Court by using the applicable bankruptcy exemption laws.

How long does a Chapter 7 take? 

From the date of filing until discharge (forgiveness of debt) usually takes about 3 – 4 months. Chapter 7 is probably one of the quickest ways to get out of debt once and for all.

Can I avoid being evicted by filing for bankruptcy? 

If the landlord does not already have a judgment when you file, and he or she wants to evict you based on your failure to pay rent or violation of another lease provision, the automatic stay will prevent the landlord from beginning or continuing with the eviction proceedings. However, the landlord can request that the judge lift the automatic stay, and judges tend to grant these requests. If your landlord has already obtained a judgment of possession against you when you file for bankruptcy, the automatic stay won’t help you (with some exceptions). The landlord may proceed with the eviction just as if you had never filed for bankruptcy.

Will I lose my retirement account or pension? 

Not likely. When it passed the new bankruptcy law in 2005, Congress created a broad exemption for all types of tax-exempt retirement accounts, including 401(k)s, 403(b)s, profit-sharing and money purchase plans, IRAs, and defined benefit plans.

Can I get my student loans cancelled or reduced in bankruptcy? 

Any “qualified educational loan” will not be discharged in bankruptcy unless the debtor shows “undue hardship.” Undue hardship is defined by the Internet Revenue Code, and is very difficult to prove. Suffice to say, it is extremely difficult to get student loans discharged in bankruptcy.

Should I sign a reaffirmation agreement after I file for bankruptcy? 

When you reaffirm a debt, both the creditor’s lien on the collateral and your personal liability survive bankruptcy without a discharge, just as if you never filed for bankruptcy. If you default, you can be held liable for the difference between what the property is resold for and what you still owe under the agreement. Reaffirmation can provide a way to keep certain property, as long as you abide by the terms of the reaffirmation agreement and can be a good way to reestablish your credit. However, you will be legally bound to pay the agreed-upon amount even if the property is damaged or destroyed. And since you cannot file for Chapter 7 again until 8 years have passed since your earlier bankruptcy discharge, you will be stuck with the debt.

Can I be fired because I file for bankruptcy? 

Private employers may not fire you or otherwise discriminate against you solely because you filed for bankruptcy (11 U.S.C. §525(b)).

Chapter 7 – Discharge – Los Angeles

August 2013

Client’s second bankruptcy in just over eight years. All debt discharged and client was able to get out of a vehicle lease that they no longer wanted pay for. All savings and personal property protected with no money going to creditors.

Chapter 7 – Discharge – Riverside

August 2013

All debts discharged and client was able to keep all personal property, including vehicles, business assets, and valuable real estate. Approximately $110,000 was discharged.

Chapter 13 – Plan Confirmed – Santa Ana

August 2013

Filed under Chapter 13 to stop a foreclosure on client’s principal residence two days before the foreclosure sale. No property will be sold to pay creditors. Plan was confirmed with 10% to be paid to unsecured creditors over five years.

Chapter 7 Discharge – Santa Ana

August 2013

Complete discharge of clients debts. Client retained car, savings, and full 401K account. No property of client was sold to pay creditors. Our firm was able to have all previously garnished wages returned through the Chapter 7 Trustee.

Call attorney Scott Dicus directly at (714) 202-5737 for a free bankruptcy consultation, or click “Get Started” to provide us with your contact information and we will contact you.