Keep an eye for us, and join us in the these new ways to keep in touch!

Here are the sites you can keep up with us at:

Facebook: Facebook.com/scottbelllaw

Twitter: @scottbelllaw

YouTube: ScottBellLaw

We’re looking for ways we can really connect with our clients and have ongoing dialogues about personal finance, the law, and whatever else we think that you, our clients, will benefit from.

We’ll also post fee discounts and other benefits we can offer on a time-sensitive basis, so keep an eye on us!

Next time you’re in the office, you’ll immediately notice our new reception area, as well as all the room we have for clients and staff.

2101 17th St.

Bakersfield, CA 93301

This office is on the corner of 17th and D streets, still in downtown Bakersfield.

Our telephone numbers and email addresses will all remain the same.

We’ll update the Contact page soon, and post a new map for everyone’s convenience.

The new office is an older Victorian style 2-story house that has been converted to an office. We will have more individual offices to accommodate new staff, as well as much better parking and handicap access.

We have even bigger news that we will be ready to share in another week or so.

We look forward to providing the best legal services of anyone, and thank you all for letting us help you!

There are 2 basic kinds of bankruptcy available to consumers: Chapter 7, and Chapter 13. Chapter 7 bankruptcy is designed to discharge your unsecured debts and give you a “fresh start”. Chapter 13 bankruptcy is designed to allow the debtor to pay back some or all of their debts over a five (5) year period. This also allows you to get caught up on your house payments and keep your home if you would like. Also, most high income debtors are forced into a Chapter 13 repayment plan as a result of the passage of the new bankruptcy law in 2005 (Bankruptcy Abuse Prevention and Consumer Protection Act-BAPCPA).

2. How do I qualify for a Chapter 7 bankruptcy?

Your gross income before taxes and deductions must below the state average for a family your size. This is called the “Means Test”. This is periodically adjusted, so call us to find out the current income level. If your gross income is too high, we might be able to qualify you for a Chapter 7 once we factor in your house and car payments, etc. Again, please call us to get more information.

3. Do I have to undergo credit counseling?

Yes. You must complete a credit counseling class before your case is filed, and then a “Debtor Education” class after your case is filed in order to get your discharge.

4. Will my creditors stop harassing me?

Immediately upon hiring the Law Offices of Scott Bell, you will be able to refer all creditor calls to us, and we will handle your creditors from there. Occasionally a creditor may continue to call you, but most creditors will deal with us once they know we represent you. Furthermore, it is illegal for creditors to contact you once your bankruptcy case is filed.

5. Will I be able to buy a house after the bankruptcy?

Generally it takes two (2) years after your bankruptcy in order for you to be able to buy a house, although I have seen it done as soon as one (1) year after a bankruptcy.

6. How long does the bankruptcy process take?

The filing of your case starts the process. Approximately 30-45 days after your case is filed, we will meet with the Bankruptcy Trustee, whose job it is is to oversee your case. Approximately 60 days after meeting with the trustee your case will close and you will get your bankruptcy discharge.

7. Who is the Bankruptcy Trustee?

The Bankruptcy Trustee (sometimes just called the “Trustee”) is a person designated by the United States Trustee’s Office (Part of the Department of Justice) to oversee your case. The Trustee will examine your bankruptcy petition, ask you questions, and determine if you own any property that cannot be protected. Property that cannot be protected will be seized and sold by the Trustee to be distributed to your creditors to help satisfy your debts.

8. What debts are not discharged in a Chapter 7 bankruptcy?

Child and spousal support arrearages, some income taxes, student loans, debts incurred as a result of fraud or other criminal conduct are types of debts not discharged. There are others, but contact us to determine what debts are non- dischargeable in your specific situation.

9. How much does it cost?

The filing fee for the court is currently $299.00. As for attorney’s fees, that varies from office to office. We strive to be the most affordable bankruptcy attorneys while providing the highest level of service. With us, we allow you to get started for only $200.00 down, and we allow you to make monthly payments past that until the case is paid for.

We do provide a free consultation to discuss your options and answer your questions about bankruptcy.

10. I have filed bankruptcy before. Can I file again?

Yes, but there must be eight (8) years between filings, based on the date of filing, not discharge.

11. How bad does bankruptcy hurt my credit?

Generally, bankruptcy does little damage to your credit because most people considering filing bankruptcy have already been missing payments, and the damage is already done. However, once your bankruptcy is discharged, your credit will start to improve quickly because you no longer owe the discharged debts, and you no longer incur new derogatory entries on your credit history. If you keep a car through the bankruptcy and maintain a good payment history on the car loan, your credit will improve radically and quickly.

12. How much property am I allowed to keep?

This depends on your individual circumstances, but most people are allowed to keep everything they own, and lose nothing in the bankruptcy other than the debt. Definitely let us discuss your specific situation with a free consultation.

13. Can I keep my house after the bankruptcy?

This depends on several factors: are you current on your mortgage(s)? Can you afford to continue making your house payment? If you answered “yes” to these questions, you are allowed to keep your house as long as you do not have too much equity in the property. The amount of equity you’re allowed to keep depends on your individual situation, and you should come in to discuss with us your situation.

14. Am I allowed to keep my retirement?

Yes.

15. Can I give away or sell my property before filing bankruptcy?

Generally, no. Any transfer of property in the year before you file bankruptcy must be disclosed to the Trustee. If the Trustee determines that you gave away or sold property in an attempt to avoid losing it in the bankruptcy, then the Trustee will use the bankruptcy court to compel the return of the property from the recipient, and sell the property to pay your creditors. When in doubt, talk to us before you transfer any property before filing bankruptcy.

16. Can I get credit after bankruptcy?

Yes, but why would you want to? We are of the opinion that you shouldn’t get credit after the bankruptcy so you can avoid being in this position again. However, if you want, you will find it far too easy to obtain credit after the bankruptcy.

17. Can I file a bankruptcy without a lawyer?

Yes, but in most cases, that would not be a good idea. The new bankruptcy law in 2005 made the process of filing bankruptcy exceedingly complicated, even for relatively “simple” cases. You’re better at your job than we are, and we’re better at our job than you are.

18. Can I make payments for the attorney’s fees?

Yes! We know you’re having financial difficulty, and we don’t want to make it worse for you. We allow you to retain our office for only $200.00 down, then you can make easy monthly payments for the rest.

19. Does the bankruptcy stop wage garnishments?

Yes. The filing of your case puts in place what is called the “automatic stay”, which means all collection efforts must stop once your case is filed. This is required by law, and applies to wage garnishments as well as other methods of collection.

20. Does my spouse have to file with me?

No, but in many cases, it is a good idea for you and your spouse to file together. For example, if you and your spouse are both responsible for a debt and only one spouse

files bankruptcy, then the other spouse will be responsible for the entire debt. If there are no joint debts, then it may be advisable for your spouse not to file. Call us to discuss your specific situation.

21. Can I discharge student loans?

No.

22. Why are there so many bankruptcy attorneys now?

That’s a good question. Since bankruptcy has been a very busy area of the law over the last few years, many attorneys that did other types of law have decided to jump in and make some fast money. In many cases, these attorneys are using your case as “on the job training”.

Tips for Applying for Social Security Disability Benefits

1. Likelihood of success. If (a) your physical or mental disability is severe, (b) your condition limits your activities of daily living, (c) your medical impairment will last or has lasted longer than 12 months, and (d) your doctor agrees with this assessment, you should apply for Social Security disability.

2. Irrelevant evaluation factors. SSA has a strict definition of disability that ignores many real-life aspects of the job market. Difficulty finding a job, thinking that no one will hire you with your condition, believing you could not pass a job-required physical, or even knowing that the pay you would receive for the work you can do is too little to live on … all of these important real-world considerations do not matter to the Social Security Administration (SSA) when evaluating your claim for benefits.

Proof from doctors

3. Medical evidence. As is the case with most legal claims, what counts in disability evaluations is what you can prove. If no medical records exist to support your claim of disability, you are unlikely to be successful. SSA figures that if your medical condition is severe enough to keep you from working, then it should justify doctor visits, tests, diagnosis, and treatment.

4. Failure to follow treatment. SSA expects you to try to get better. That means doing what your doctor prescribes. If you do not believe that your doctor’s recommended treatment will help, then be sure your doctor documents the treatment’s odds of success or failure.

5. Keep good records. Conversely, if you do follow your doctor’s prescribed treatment, document your efforts. Without records, you are unlikely to remember the date of every doctor visit, lab test, medicine taken, and therapy received. Obtain the business cards of every doctor you see and file them. Save your pill bottles. Keep notes of your pain and other medical events.

Evidence from you

6. Symptoms vs. diagnosis. SSA does not expect you to be an expert on medical conditions. Even if you are, SSA would rather learn about your impairment from your doctor and your medical records. What SSA wants to receive from you are details about your symptoms. For example, how severe is your pain? Is it constant or intermittent? What aggravates your pain? What reduces it? Do you suffer from shortness of breath or fatigue? No one knows your symptoms better than you. Do your best to explain them in detail without exaggerating or minimizing. Do not omit or gloss over any lesser conditions just because you have one severe condition and several minor ones.

7. Physical restrictions. What can’t you do? Sit for lengthy periods? Stand and walk? Lift and carry? Bend, twist, kneel, and stoop? Manipulate objects with your hands? Social Security disability is a functional program. SSA will focus on your limitations rather than your diagnosis.

8. Effect of symptoms and restrictions. How does your medical condition affect your daily activities? Tell SSA about the impact on your personal care (hygiene, dressing, bathing), errands and housework (driving, shopping, cleaning), and social functioning (hobbies, sports, interaction with friends and family).

Final point

9. Consistency, accuracy, and honesty. Contradictions, errors, memory lapses, and discrepancies all work to erode your credibility, and nothing will sink your claim faster than questions about your truthfulness.

Please arrive on time for your consultation, and we request that you leave kids with a babysitter so that we can concentrate on providing you with the best legal advice possible without distractions.

Bring with you your most recent paycheck stub, as well as a rough idea of how much debt you have and to whom you owe your debts. The better prepared you are for consultation, the better legal advice we can provide.

Also bring with you (if you have been provided with it) your Intake Sheet that we emailed to you when you made your consultation appointment. If you have misplaced it, please arrive a few minutes early to fill out another one.

During your consultation the attorney will ask you some basic questions about your financial situation and your unique circumstances that have brought you to the point of considering filing bankruptcy.

Then the attorney will talk to you about bankruptcy law and how it applies in your situation. We guarantee you will learn more about bankruptcy than you ever wanted to know!

We will then discuss if you qualify to file bankruptcy, and what can be done to insure that you qualify, because not everyone does. We will also discuss anything in your situation that can be problematic in your case. It is our job to insure that your case goes as smoothly as possible.

You can then ask any questions you may have about your case. Our philosophy is that we are “in this together”, and we want you to understand what you are about to go through to clear your debts. We hate surprises as much as you do!

Lastly, we will discuss strategies you can use after the bankruptcy to rebuild your credit and work towards a future of financial stability. This is part of our holistic approach to client service.

If you decide you would like to hire us, we can get started for as little as $200 down, and we let you make payments for the rest of the fees after that.

That’s a lot to cover, but it’s representative of how thorough we are, and how seriously we take our responsibilities to you, our clients.

Our goal is for you to feel better when you leave than when you arrived.

Give us a call today to schedule your free, no obligation consultation at (888) 322-9501.

In our ongoing quest to provide a unique level of service, we have launched our new website. While there will be hickups along the way as we refine and hone our online presence, we feel that we will be able to provide a superior web experience for our valuable clients and potential clients.

So have a look around, and if you have any questions, feel free to give us a call or shoot us an email here.