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Franklin Seth Davidson

Franklin Seth Davidson

Law Office of Seth Davidson
20355 Hawthorne Blvd.
2nd Floor
Torrance, CA 90503

Phone: (310) 371-2500 http://www.sethdavidsonlaw.com
http://sethdavidsonlaw.wordpress.com

Contact Franklin Seth Davidson

Torrance-South Bay Bankruptcy Attorney

Legal Topic

Bankruptcy

Preferred New Clients

Chapter 7 and Chapter 13 consumer bankruptcies. I handle cases in Los Angeles, Orange, San Diego, and Riverside counties.

Sub-Categories

Bankruptcy
  • Chapter 7
  • Credit Disputes
  • Chapter 11
  • Credit Repair
  • Credit Restoration
  • Creditor Harassment
  • Personal Bankruptcy
  • Foreclosures

Legal Topic

Real Estate

Preferred New Clients

Residential and commercial tenants. I handle cases in Los Angeles, Orange, San Diego, and Riverside counties.

Sub-Categories

Commercial Real Estate
  • Tenant
  • Tenants' Rights
Residential Real Estate
  • Mold Claims
  • Mortgages
  • Real Estate Loans
  • Renting & Leasing
  • Landlord
  • Tenant
  • Tenants' Rights

Bar Admissions

CA, May 2008
Bar Number: 255744

Continuing Education

I attend continuing legal education seminars on a variety of matters related to consumer law and litigation.

Papers and Publications

Co-author, "Should Lawyers Advise their Meso Clients on Treatment Options?" Asbestos Magazine, January 2008.

Co-author, Finding Birds on the Great Texas Coastal Birding Trail, Texas A&M Press, 2008.
Asbestos Disease Compensation in Japan, Mealey's International Asbestos Liability Report, January 2009.

Example Cases

Chapter 7 Bankruptcy: Los Angeles Client was facing foreclosure due her business's decreased income. By discharging her credit card debts she was able to reaffirm her mortgage, get an expedited application for a loan modification, stay in her home, and focus on returning her business to profitability.

Chapter 7 Bankruptcy: Orange County Client had lost his job and was being harassed by creditors, including attempts to garnish his wages. By discharging the judgments against him and discharging his other consumer debts, he was able to stabilize his finances, assist his daughter with college payments, and eliminate harassment by his creditors.

Education

Degree:

J.D.

City:

Austin

State:

TX

Year:

1992

Focus and Accomplishments:

Submissions Editor, Texas International Law Journal.

 

Degree:

B.A.

City:

Austin

State:

TX

Year:

1986

Honors:

Magna Cum Laude and Phi Beta Kappa.

Number of Attorneys

1

State Licensed In

California

Firm Focus and History

I began practicing law in California 2008, and opened my own practice in Los Angeles in January, 2009.

Californians are fortunate to live in a state that provides extensive protection to consumers. However, the cost of bankruptcy legal services in Los Angeles often makes it difficult or impossible to hire a lawyer. My practice focuses on access, affordability, and expertise. The majority of my bankruptcy clients are poor, low income, or moderate income consumers who are suffering from crushing debt. The debt is often the result of a divorce, medical issue, or job-related issue that has forced the client to rely on credit cards to cover basic living expenses. Spiraling finance charges, late charges, and interest rates eventually drive the client into a financial situation that makes it impossible to pay for even basic necessities. Other clients find themselves working jobs with reduced pay, or having to support another family member who has been laid off in the recession. Those unplanned payments can suddenly make major expenses such as a home mortgage difficult or impossible to pay.

My practice, which is based in Los Angeles and handles bankruptcy cases throughout Southern California, helps consumers make smart choices about which debts to discharge, which debts to keep, and which strategies to use when it's time to reorganize personal finances. Although many clients begin the bankruptcy process embarrassed or ashamed about their need for bankruptcy protection, I educate them that bankruptcy is a right enshrined in Article 1, Section 8, clause 4 of the U.S. Constitution and codified in federal law.

Just as banks and credit card companies have legal, morally unblameworthy rights to collect debts, Americans have the same legal, morally unblameworthy rights to seek protection under the bankruptcy laws to either discharge their debts or reorganize their finances. I encourage clients to understand that when General Motors filed for Chapter 11 bankruptcy protection, the corporation wasn't embarrassed, ashamed, or in any way hanging its head as a "bankrupt." To the contrary, it aggressively sought protection from its creditors and advocated vociferously for a reorganization plan that would allow it to survive. Consumers should take the same approach: bankruptcy is a right, it affords extraordinary protection under federal law, and it should be invoked when needed without fear or self-reproach.

My definition of a successful bankruptcy is not simply one where debts are discharged or reorganized, but where consumers benefit from bankruptcy protection as a way to make permanent, positive changes in their financial health. I make sure that before a client chooses bankruptcy we investigate all of the options, including settlement of certain debts as a way to avoid bankruptcy entirely. Having a bankruptcy attorney negotiating with a creditor almost always tells the creditor that you're serious about filing for bankruptcy and not simply threatening bankruptcy as leverage to negotiate down the debt. Oftentimes, the one debt that is driving the entire decision to file bankruptcy can be successfully negotiated with payment amounts and payment intervals that allow the consumer to avoid filing. By handling each case personally, and working to understand the unique circumstances behind each client, it's possible to come out stronger than before.

Previous Employment Summary

Before deciding to become an attorney, I worked as an office manager and marketing director for a Southern California law firm in San Pedro that represented asbestos cancer victims.

Activities and Awards

I'm a referral attorney for the Los Angeles County Bar Association and for the Legal Aid Society of Orange County , and also provide free monthly consultations after hours for low-income clients at Community Lawyers Inc. in Compton.

What is your opinion regarding clients educating themselves on legal issues?

Knowledge is power. The more clients know about the bankruptcy process, the easier it is to move their case forward and the fewer problems they will encounter with the trustee or with the court. Clients who have read up on bankruptcy prior to retaining an attorney make more intelligent decisions, are able to weigh the benefits of various options, and are better prepared. Most importantly, clients who educate themselves on legal issues put themselves in the best possible position to use bankruptcy for the reason it was intended: to give people a fresh start.

Are you willing to review documents prepared by clients?

I will review documents prior to making a decision about whether or not to represent a client, but I don't provide document review services in order to assist clients with self-representation.

Are you willing to coach clients who want to represent themselves?

There are countless examples of people who have represented themselves successfully in bankruptcy and civil litigation. However, these successful litigants share certain common characteristics: ample free time to research and understand the issues, highly organized, flexible, avid readers, and lots of self confidence. Many of them already have some knowledge of or experience in a legal field. Although I encourage these types of people to take charge of their case when that's what they want to do, I don't offer coaching services to litigants. Moreover, I strongly encourage people to hire a competent lawyer if they want their matter handled expertly, quickly, and with the best possibility for achieving a good outcome. The best analogy is home auto repair. If you have the mindset, the skill set, good counsel from the parts store or from a more experienced friend, the tools and the time, there are all manner of repairs and maintenance you can perform on your car. But if you're like most people and you can't afford to be your own guinea pig as you learn the ins and outs of a technical area of law like bankruptcy, you're better off with a skilled lawyer.

Why did you decide to be a lawyer?

I've always enjoyed solving problems. Law is the ultimate arena for problem solving in a civilized society.

What work experience and education helps you be a better lawyer?

Unlike most attorneys who go straight from law school into a legal career, I spent fifteen years between the end of law school and becoming an attorney. During that time I worked domestically and abroad, and had jobs in the fields of education, environmentalism, marketing, and politics. I understand that legal problems are always based on practical problems, and that in order to successfully help people with their problems you have to grasp the practical challenges they're facing in their home life and in their jobs. I've worked with people from every walk of life, and am able to quickly understand where they're coming from and what they're trying to achieve through legal action. As someone who's spent most of his life as a non-attorney, I also understand the great skepticism, and often the distrust that people in general feel towards lawyers in particular. Providing clients with immediate feedback on their case, staying in touch, returning phone calls and emails promptly, and being accessible after hours are all "little" things that aren't little at all.

Why did you decide on your primary area of practice?

I wanted to work in a challenging field with the opportunity to do a wide variety of work in court.

What do you like best about your career?

Helping people solve their financial problems, and providing legal services to people who ordinarily wouldn't be able to afford them.

Tell us about your law firm:

I'm a solo practitioner, so all of my clients deal directly with me on all substantive legal issues. I have a bankruptcy document assistant who formerly worked with the office of the U.S. Trustee; she is professional, expert, friendly, and has the highest work and ethical standards.

What are your strengths and style?

I'm an aggressive advocate for my clients. My style is friendly, and I always try to find solutions that are acceptable to both parties. I don't believe in threats or bluster, and it's my experience that being simple and direct usually achieves the best possible outcome. However, when my clients are in the right and someone is trying to take advantage of them, I'm a fierce advocate. I believe that anything worth doing is worth doing well, worth doing professionally, and worth doing according to the highest legal and ethical standards.

Personal Interests:

I'm a lifelong recreational and competitive cyclist and member of the USCF and the California Bicycle Racing Association.

Office Hours

Monday through Friday
8:00 a.m. to 5:00 p.m.

Weekends and after hours by appointment.

Emergency After Hours

Yes

Foreign Languages

Spanish, Japanese and German.

Fixed-Price Services and Fees

I charge $1,700 for a Chapter 7 bankruptcy, and $3,300 for a Chapter 13. These are my legal fees only, and do not include filing fees, credit counseling and financial management course fees required by the court, and do not include additional fees if your case is complex, if your schedules have to be amended, if there are adversary proceedings within your bankruptcy, if there are additional court appearances required beyond the 341 meeting of creditors and plan approval hearing, or if there are motions or other actions in your case beyond the basics. Most Chapter 7 and Chapter 13 cases are resolved for the flat fees outlined above.

Hourly Rates

$250. However, simple flat fee bankruptcy cases are not billed hourly.

Free Initial Consultation?

Yes, thirty minutes, by phone or in person.

Typical Retainer

No.

Understanding Fees

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