September 7th, 2008
This use to be a very tough question. But with a recent ruling from the Eighth Circuit Court of Appeals, and a soon to be received ruling from our own Ninth Circuit, its beginning to look like debtors can pay their bankruptcy legal fees and filing fees on a credit card, so long as they intend to pay it back and actually do pay it back. Moreover, attorneys no longer appear to be restricted from advising debtors to make such payments. To read more, please click my national blog here.
Written by Michael G. Doan
Posted in General Bankruptcy | 2 Comments »
September 2nd, 2008
The Local Bankruptcy Court recently confirmed in one its tentative rulings that Orders stripping off wholly unsecured junior liens from residential real estate can take place as early as the confirmation date, and that waiting until discharge or plan completion is not necessary.
To read more about this topic, please click my National Blog here.
Written by Michael G. Doan
Posted in General Bankruptcy, Keeping Property in Bankruptcy, Mortgage Relief | Comments Off
September 1st, 2008
In one of our cases last week, the local Bankruptcy Court ruled that 506 valuation can not take place in a Chapter 13 plan unless it satisfies three things: 1) Clear and Conspicuous Language, 2) Valuation hearing is set, and 3) Service is made on the creditor just like an Adversary Proceeding under Rule 7004. To read more, please click my National Blog here.
Written by Michael G. Doan
Posted in General Bankruptcy, Mortgage Relief | No Comments »
September 1st, 2008
In our clients’ case, Judge Adler recently ruled that lien stripping may now take place by plan confirmation. This decision will save debtors thousands of dollars and tons of time! To read more, please click my National Blog here.
Written by Michael G. Doan
Posted in General Bankruptcy, Keeping Property in Bankruptcy, Mortgage Relief | No Comments »
September 1st, 2008
If so, then you may eventually need to move. Nevertheless, new laws in California now require that you receive at least 60 days notice prior to any eviction proceedings. To read more about this new law, please click my national blog here.
Written by Michael G. Doan
Posted in Creditor Protection, Mortgage Relief | No Comments »
August 31st, 2008
A non-judicial foreclosure will now require an additional step for most foreclosures in the State of California commencing September 6, 2008. This new requirement, under California Civil Code 2923.5, lengthens the foreclosure process by 30 to 45 days, and may even invalidate many foreclosures unless the lender strictly complies. To read more about it, please click my National Blog here.
Written by Michael G. Doan
Posted in Creditor Protection, Keeping Property in Bankruptcy, Mortgage Relief | 1 Comment »
August 18th, 2008
You need WHAT to file my Bankruptcy? But I thought I paid you $3,000.00? The new bankruptcy laws enacted in 2005 have created substantial new requirements for attorneys representing debtors in bankruptcy. The biggest requirement imposed on attorneys now is the duty of due diligence with respect to the schedules and documents filed in each case. Read the rest of this entry »
Posted in General Bankruptcy | Comments Off
August 16th, 2008
For the past year, our local courts have reduced our fees requested when we prevail against suing creditors and providing other bankruptcy services. While we did not agree with these decisions, we also purposely chose not to appeal since we were waiting for the decision of Moreno v. City of Sacramento, 2008 U.S. App. LEXIS 15951 (9th Cir. Cal. July 28, 2008). Well, the Ninth Circuit has now ruled, and as expected, the District Court ruling reducing attorney fees was wrong. Instead, attorney fees must be paid as requested by the losing party, unless sufficient evidence exists by an objecting party. The days of the “gut feeling” reductions by judges are OVER! So what does this mean? The bottom line is that our firm and other firms are once again motivated to represent our clients to the fullest extent allowable by law without any undue influence by a Court reducing our fees based upon their arbitrary opinion. To read more, please click my national blog here. Written by Michael G. Doan
Posted in News | Comments Off
August 16th, 2008
It seems like every day a client asks our firm to sign off on a reaffirmation agreement to keep their car, despite our firm previously telling them that such an agreement is usually never in their best interest. The Bankruptcy Courts disapprove over 1/2 these agreements! To read more about better alternatives like www.replacevehicle.com, please click my nation blog here. Written by Michael G. Doan
Posted in General Bankruptcy, Keeping Property in Bankruptcy | Comments Off
August 9th, 2008
Recently, the Ninth Circuit Court of Appeals decided Maney v. Kagenveama (In re Kagenveama), 2008 U.S. App. LEXIS 13299 (9th Cir. Ariz. June 23, 2008) which held that if you have projected disposable income under the new bankruptcy laws at $0.00 or less, then you do not need to have a minimum plan length requirement and no disposable income needs to be paid to unsecured creditors. So by using this new artificial test that Congress created under the new laws, its possible to now have shorter chapter 13 plans, lower payments, and quicker discharges! To read more, please click my national blog here. Written by Michael G. Doan
Posted in General Bankruptcy, Means Testing | Comments Off
July 27th, 2008
Not sure why, but many attorneys for creditors and debt scavengers are requesting that we break the law when settling their unlawful collection claims. Of course, we refuse to do that since it violates California Rule of Professional Conduct 1-500. To read more about this problem, please click my National Blog here. Written by Michael G. Doan
Posted in Creditor Protection | Comments Off
July 24th, 2008
Today I got the following email from a prior client: “Hello. I am writing to investigate what I need to do to expunge a bankruptcy from my record. You did ours for us in 2001 (chapter 7) and I would like to remove it…” the questions seems to be coming up a lot lately, especially among prior clients of mine and when I stop to think about it, it makes sense. Read the rest of this entry »
Posted in False Credit Reporting, General Bankruptcy | Comments Off
July 21st, 2008
If you plan on surrendering your home in Bankruptcy, the time frame has been extended another month. To read more, please click my National Blog here. Written by Michael G. Doan
Posted in Uncategorized | Comments Off
July 20th, 2008
5, 10, 20 times a day, that same creditor just keeps calling! How do you get them to stop? Real simple, hire Doan Law Firm. To read more about our techniques on how we use the law to cross the line from defense to offense, read my national blog here. Written by Michael G. Doan
Posted in Creditor Protection, General Bankruptcy | Comments Off
July 20th, 2008
Clients frequently ask this question, and rightfully so. In a nutshell, the insurance protects the debtor, the bankruptcy estate, and the bankruptcy trustee. To read more, click my national blog here. Written by Michael G. Doan
Posted in General Bankruptcy, Keeping Property in Bankruptcy | Comments Off
July 20th, 2008
This is one of the most frequently asked questions we receive. The answer is…….it depends. To learn more, click my national blog here. Written by Michael G. Doan
Posted in General Bankruptcy | Comments Off
July 7th, 2008
Every client asks this question, and rightly they should. While no two lenders are the same, most lenders are unable to complete their foreclosure process in under 8 months from last payment. Moreover, Bankruptcy and Eviction Proceedings further delay the typical move out date. For more information, please click my National Blog. Written by Michael G. Doan
Posted in Uncategorized | Comments Off
June 24th, 2008
At Doan Law Firm, credit reports are mandatory in almost every case. Relying upon other information to gather creditor information simply takes too much time, provides too much opportunity for error, and simply creates much more work in the long run. To read more about the necessity of a proper credit report, please click my other blog here.
Written by Michael G. Doan
Posted in Creditor Protection, General Bankruptcy | Comments Off
June 15th, 2008
Almost. There is more to the bankruptcy process than just that. To read more about the basic requirements, please click my other blog here. Written by Michael G. Doan
Posted in General Bankruptcy | Comments Off
June 14th, 2008
CREDITORS BEWARE: If you file an unlawful proof of claim against our clients, you will receive an objection and possibly be subject to attorney fees, sanctions, other damages, and a separate lawsuit. Doan Law Firm simply does not tolerate creditor abuse. Period. And whether we get paid for it or not, it does not matter. Win or Lose, Paid or not Paid, unlawful conduct will be dealt with to the fullest extent of the law, and appealed to higher courts if necessary if justice is not served. Read the rest of this entry »
Posted in General Bankruptcy, Mortgage Relief | Comments Off
June 8th, 2008
No! California and Federal Law are two different animals and Federal Law always trumps state law.
The Supremacy Clause of the United States provides
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
Accordingly, when it comes to Bankruptcy, same-sex couples are still not entitled to file a joint Bankruptcy Petition. For more information, please click my National Blog here.
Written by Michael G. Doan
Posted in General Bankruptcy, News | Comments Off
June 6th, 2008
Click here to read my blog on the amazing effects of chapter 13 under Title 11 in today’s Economy! Written by Michael G. Doan
Posted in General Bankruptcy, Keeping Property in Bankruptcy, Mortgage Relief | Comments Off
June 1st, 2008
At first blush, most people might think they qualify under the debt limits of 11 USc 109(e) for Chapter 13 relief. But watch out! The declining real estate market has changed the playing field and you may not qualify after all! Read more here.
Written by Michael G. Doan
Posted in General Bankruptcy | Comments Off
May 30th, 2008
So you got a book of papers in the mail. Real scary looking. What is it? Chances are, its just part of your bankruptcy process. If you are in Chapter 13, please call our office asap just to be safe. To read more, please click my other blog here.
Written by Michael G. Doan
Posted in Creditor Protection, General Bankruptcy | Comments Off
May 26th, 2008
To see if you qualify to remove your second mortgage from your house, answer the following questions:
1) Is the value of your house less than or equal to the amount you owe on the first mortgage?
2) Is your total secured debt(mortgages and auto liens) less than $1,010,650.00?
3) Is the total of all your other unsecured debt less than $336,900.00?
4) Do you have income?
If you answered yes to all four, you can remove your second mortgage! To read more, please click my other blog here.
Written by Michael G. Doan
Posted in General Bankruptcy, Keeping Property in Bankruptcy, Mortgage Relief | Comments Off
May 16th, 2008
Dont walk from your house yet! Did you know that you can reduce and remove some mortgages in Chapter 13? To read more, please click my other blog here. Written by Michael G. Doan
Posted in Keeping Property in Bankruptcy, Mortgage Relief | Comments Off
May 11th, 2008
So you pooled up enough nerves and scheduled your first consultation with an attorney to discuss bankruptcy options. Relax, the toughest part is now over! To read about what you can expect at your first appointment, please click my other blog here. Written by Michael G. Doan
Posted in General Bankruptcy | Comments Off
May 4th, 2008
I frequently get asked whether a client can keep a certain credit card during their bankruptcy process. I usually recommend against it, but in some cases it might be worth it. To read more, please click my other blog here. Written by Michael G. Doan
Posted in General Bankruptcy | Comments Off
May 4th, 2008
Immediately! Yes, there is no time limit to file, only a time limit between discharges. To read more, please click my other blog article here. Written by Michael G. Doan
Posted in General Bankruptcy | Comments Off
April 20th, 2008
Presently before the Ninth Circuit Court of Appeals is whether BAPCPA has eliminated “ride-through” for personal property. In other words, can you continue to keep and maintain your vehicle so long as you maintain the payments as was the case prior to the laws changing? To read more about these new arguments, please click to my BLN blog. Written by Michael G. Doan
Posted in Uncategorized | Comments Off
April 13th, 2008
Believe it or not, supplying the correct date the debts were incurred is one of the most difficult parts of completing our worksheets by our clients. Yet its not really that hard and a ton of time does not need to be spent on it. For my Bankruptcy Law Network blog on this matter, please click here. Written by Michael G. Doan
Posted in General Bankruptcy | Comments Off
April 13th, 2008
Surprisingly, the Chapter 7 Trustee only gets $60 to review and monitor your case. To read more about these fees, please read my Bankruptcy Litigation Network Blog. Written by Michael G. Doan
Posted in General Bankruptcy | Comments Off
April 7th, 2008
Most my clients have NO EQUITY in their cars. So why keep the car when you can replace it in many instances with a:
1) A Newer Model
2) A Lower Interest Rate
3) A Lower Monthly Payment
4) No Money Down
5) A Lower Loan Balance
To read more about the ability to replace your vehicle after bankruptcy, please see my other blog article here.
WRitten by Michael G. Doan
Posted in General Bankruptcy, Keeping Property in Bankruptcy | Comments Off
April 6th, 2008
Redemption is a method under the Bankruptcy Code that allows you to make a lump sum payment on the car, motorcycle, or other secured asset, and thus pay off the debt entirely. The lump sum payment is typically substantially less than what you presently owe. To read more about this process, please click here. Written by Michael G. Doan
Posted in Uncategorized | Comments Off
March 30th, 2008
So you provided your attorney your worksheets and documents. Your case is filed now, right? NOT! Its only just begun. You still need to sign off on the final draft. During the signing, you review, analyze, correct, critique, and affirm the 30 to 40 pages, followed by 1 to 3 inches of supporting documents, and which takes 1 to 4 hours.
And it may even get worse! Skip a day and enter the next month, and you need to DO IT ALL OVER AGAIN! :(
To read more about this frusttrating aspect of the new laws, click my blog here.
Written by Michael Doan
Posted in General Bankruptcy | Comments Off
March 22nd, 2008
For an article I wrote on identity theft arising in the Bankruptcy context, click here. Recently, a local bankruptcy Judge ordered First Future and Keypoint Credit Union to pay sanctions to my client and my firm as a result of their wrongful publication of confidential information of our clients in their proof of claims. Written by Michael G. Doan
Posted in Uncategorized | Comments Off
March 16th, 2008
I just wrote a two part article on what to expect at your Bankruptcy Hearing in the Southern District of California. For more information, click here to BLN, the LLC I belong to. Written by Michael G. Doan
Posted in General Bankruptcy | Comments Off
March 10th, 2008
The Latin words above are confusing, but critical to establishing exactly what a bankruptcy discharge does. To read more about this, please click here to read my recent blog on the issue.
Written by Michael Doan
Posted in Creditor Protection, General Bankruptcy | Comments Off
March 3rd, 2008
This is usually the toughest question to ask and answer. Please click here to read my article on why and then the Top 5 Reasons to file for Bankruptcy Protection. Written by Michael Doan
Posted in General Bankruptcy | Comments Off
February 23rd, 2008
Its still a problem. Lenders trying to foreclosure must prove they have the ability to foreclose. They must have the rights to foreclose. But who really is the lender and has these rights? Read the rest of this entry »
Posted in Keeping Property in Bankruptcy, Mortgage Relief | Comments Off
February 3rd, 2008
In California, its not uncommon to stay in a home for up to a year that is being surrendured in bankruptcy. Additionally, by employing state law litigation this time period may be extended substantially longer! For more information, please see my post on the Bankruptcy Law Network.Written by Michael Doan
Posted in Mortgage Relief | 1 Comment »
January 28th, 2008
Central to the mortgage bailout plan is the refinance of adjustable rate mortgages to fixed rate mortgages. There is even a plan to nearly double the “conforming” loan limit to help jumbo mortgages refinance. But before you jump in, make sure you are not making the California Refinance mistake. Read the rest of this entry »
Posted in Keeping Property in Bankruptcy, Mortgage Relief | Comments Off
January 27th, 2008
Good question. Bankruptcy eliminates your personal liability. When you surrender real estate, there is absolutely no reason for any bills or balance being reported on your credit report! You can read more about this at the Blog I posted at Bankruptcy Law Network. Written by Michael G. Doan
Posted in Creditor Protection | Comments Off
January 27th, 2008
GMAC tried to charge my client $359.50 during his Chapter 13 Bankruptcy Case. This was a secret fee they never disclosed to the court! You can read more about this in the Blog I posted at Bankruptcy Law Network. Written by Michael G. Doan
Posted in Creditor Protection | Comments Off
January 22nd, 2008
Probably the most commonly asked question during my bankruptcy consultations is “what happens to my credit score if I file bankruptcy?” As you can probably already guess from reading my other blogs, the answer is “it depends.” Read the rest of this entry »
Posted in General Bankruptcy | 1 Comment »
January 15th, 2008
All the time, my clients tell me that they are receiving calls and letters from people promising them that they can save their house. Other than solicitations from attorneys specializing in this area and/or bankruptcy protection, most of these solicitations are SCAMS! Read the rest of this entry »
Posted in Creditor Protection,