What we do

Our law office is devoted to assisting people who need bankruptcy protection and/or helping those who are being abused and harassed by debt collectors. At times that may also mean helping those who are a victim of identity theft, or false or inaccurate credit reporting.

From our law office in San Jose, California, we have helped thousands of people get a fresh start by using the bankruptcy laws enacted by our own United States Congress. We have also helped hundreds of consumers who have been abused and harassed by debt collectors.

Background

Back in the early 1990’s I was working at a legal clinic. I met a young woman who told me that a debt collector had threatened that if she did not send $600 via Western Union by noon the next day she would go to jail for failing to pay a debt. After researching federal law I learned that a debt collector was not allowed to make false threats of arrest in an attempt to collect a debt; in fact a debt collector was not allowed to make false statements of any kind, or abuse and harass or people! My experience in helping her caused me to embark upon a journey of helping every day people know their rights.

Bankruptcy

Many people don't realize that bankruptcy laws have been on the books since 1898 in the U.S. Bankruptcy law is U.S. federal law.

Generally, filing chapter 7-bankruptcy allows people who are having financial difficulties to wipe out their debts. In most cases people filing bankruptcy can keep all of their property. The end result gives people a fresh start in life. Thus, bankruptcy helps people wipe out their debts, keep their property, and get a fresh start! Indeed, the U.S. Supreme Court described bankruptcy's fresh start as "a new opportunity in life."

In the past bankruptcy was a tool used by big companies such as Macy's and Texaco. In 1997, Montgomery Ward's and Levitz filed for bankruptcy. Bankruptcy was also used as a form of protection by celebrities and other famous people, like: Samuel Clemens a.k.a. Mark Twain, Donald Trump, Henry Ford, H.J. Heinz, Elton John, Larry King, Burt Reynolds, Marvin Gaye, M.C. Hammer, Leona Helmsley, and many others. They used the bankruptcy laws to protect their property, wipe out their debt, and/or restructure their finances, and get a fresh start.

More recently, many other people, employed and unemployed, are beginning to realize that they too can seek protection from their creditors by filing; and that you don't have to be a big company or a celebrity to file bankruptcy!

Fair Debt Collection Practices Act

Back in 1978 the U.S. Congress created the Fair Debt Collection Practices Act, after finding:

There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

The FDCPA prohibits any false, deceptive or misleading practices in an attempt to collect a debt. It also prohibits debt collectors from harassing, abusing or annoying consumers. Simply, put, the FDCPA says a debt collector cannot lie, cheat, steal, or use any unfair practices in an attempt to collect a debt.