Finalizing the Chapter 13 Case

January 19th, 2017

So you have completed your final payments in the chapter 13 or about to make your last payment. What is next?  First, you need to make sure you have completed your second credit counseling course and that you have submitted your Certification re Domestic Support as further discussed below:  

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REAFFIRMING A MORTGAGE

January 12th, 2017

CAN I REAFFIRM MY MORTGAGE IN BANKRUPTCY?

We receive this question very frequently, and the simple answer is no.  It is absolutely, completely, 100% impossible to reaffirm a mortgage in California.  We have never heard of a case where a reaffirmation has been approved in California and every time we are asked this question we ask our client to ask the bank or mortgage broker for the name of a case where one of their mortgages was reaffirmed in California.  In more than 10 years no one has ever given us one. Read the rest of this entry »

Top Filers Third Quarter San Diego 2014

October 28th, 2014

Doan Law is one of California’s Largest Family of Attorneys, and prides itself in exclusively protecting consumer rights through bankruptcy and non-bankruptcy alternatives.  It is also the only father-and-five-sons family of bankruptcy attorneys in the entire United States.  By combining traditional family values, superior legal representation, and un-compromised client care, the firm ranks at the top of Southern California Attorneys. Read the rest of this entry »

Top Bankruptcy Filing Firms San Diego County: 2nd Qtr 2014

October 28th, 2014

Doan Law is one of California’s Largest Family of Attorneys, and prides itself in exclusively protecting consumer rights through bankruptcy and non-bankruptcy alternatives.  It is also the only father-and-five-sons family of bankruptcy attorneys in the entire United States.  By combining traditional family values, superior legal representation, and un-compromised client care, the firm ranks at the top of Southern California Attorneys. Read the rest of this entry »

Doan Law Top Filer for 2013

October 28th, 2014

Doan Law is one of California’s Largest Family of Attorneys, and prides itself in exclusively protecting consumer rights through bankruptcy and non-bankruptcy alternatives.  It is also the only father-and-five-sons family of bankruptcy attorneys in the entire United States.  By combining traditional family values, superior legal representation, and un-compromised client care, the firm ranks at the top of Southern California Attorneys. Read the rest of this entry »

Bankruptcy Audits

August 29th, 2014

In 2005, the Bankruptcy Laws were amended under BAPCPA and one of the new requirements are random audits.  These happen in about one of every two hundred fifty cases (1/250).  So the chances of audit are small, less than 1/2 percent.  But they do happen and are overseen by the United States Trustees Office.  Read the rest of this entry »

Bankruptcy Filing Fees increase June 1, 2014.

May 6th, 2014

The Judicial Conference approved new filing fee increases effective June 1, 2014, for BANKRUPTCY CASES.  The administrative fee and A.P. filing fee increases are as follows:

The total new filing fee for each chapter will be as follows:

•For filing a petition, or for filing a motion to divide a joint case, under Chapter 7: $335

•For filing a petition, or for filing a motion to divide a joint case, under Chapter 12: $275

•For filing a petition, or for filing a motion to divide a joint case, under Chapter 13: $310

•For filing a petition under Chapter 9, 11, or 15: $1,717

Other changes:

•For filing a motion to divide a joint case under Chapter 11: $1717

•For filing an adversary complaint: $350

Old fees remain in effect thru the end of May, 2014.

If you want to file under the old lower fees before the end of the month, please contact us  immediately!

 

 

Time Period to Remove Second Mortgages

February 4th, 2014

Once a mortgage is paid or satisfied, the beneficiary under the deed of trust has 30 days to deliver all documents to the trustee to allow reconveyance.  California Civil Code Section 2941(b)1 provides: Read the rest of this entry »

Dont Pass Bounced Checks!

December 5th, 2013

Be careful of bouncing a check, as it could subject you to civil and criminal penalties.  If not properly dealt with, it could become very costly and land you in jail! Read the rest of this entry »

WE MAKE CREDITORS PAY YOU

November 19th, 2013

WE MAKE CREDITORS PAY YOU!!!!!!!!!!!!

We Protect You From Debt Collection Abuse!

If you are receiving or have received creditor communications before, during, or after your bankruptcy, you may be entitled to statutory damages, actual damages and punitive damages. You should know your rights!  As a consumer, even if you should find yourself in financial distress, this does not mean creditors are permitted to abuse and harass you into paying a debt. Read the rest of this entry »

GETTING A BANKRUPTCY DISCHARGE WITHOUT FILING BANKRUPTCY

October 31st, 2013

Yes, its possible.  If you are married, do not ever get divorced, and have no seperate property, you can get a Bankruptcy Discharge of all your dischargeable debts, if only your spouse files for Bankruptcy.  This is because California is a community property state.  All community debts are discharged in Bankruptcy and community assets can never be pursued. Read the rest of this entry »

FAIR DEBT BUYING PRACTICES ACT GOES IN EFFECT SOON

August 9th, 2013

The Fair Debt Buying Practices Act was passed on July 1, 2013. It will require purchasers of charged-off consumer debts to provide greater documentation and to inform debtors of their rights. Typically, debt buyers purchase defaulted consumer debts by the thousands for pennies on the dollar. Debt buyers then file a large volume of lawsuits on the alleged debts and claim to be the assignees of the debts. These debtbuyers prey on the uninformed and unrepresented. Read the rest of this entry »

FIVE (5) WAYS TO DEAL WITH DEBT:

June 20th, 2013

Doan Law Firm is one of only a few firms in California that provides the Complete Package of Consumer Debt Protection Services: We provide both Bankruptcy and Non Bankruptcy Alternatives.  Depending upon your circumstances, Bankruptcy may or may not be right for you.  That is why in addition to Chapter 7 and 13 Bankruptcy Relief, we also provide Lawsuit Defense, Debt Settlement, and Counter Lawsuit Services: Read the rest of this entry »

If I Do Not Pay, Will I Go To Jail?

June 5th, 2013

Outside of rare exceptions such as with child support, taxes, and other government fines, jail is not an option when consumer debt is not paid.  The United States eliminated the imprisonment of debtors under federal law in 1833.  So if Debtor’s Prisons no longer exist, whats the harm in not paying consumer debt? Read the rest of this entry »

Recent 9th Circuit Decision Takes a Step Back on Discharge Credit Reporting

May 21st, 2013

One of the ultimate goals for a bankruptcy practitioner is to obtain a “fresh start” for their debtor clients through a bankruptcy discharge. Sometimes that fresh start is frustrated by creditors who continue to report negative entries to credit reporting agencies for debts already discharged in bankruptcy. The frustration is magnified when credit reporting agencies do not correct the error. Read the rest of this entry »

What Happens If I Do Not Respond To A Lawsuit?

May 8th, 2013

It is not uncommon that we see numerous lawsuits in our Bankruptcy and Bankruptcy Alternatives Practice.  The bigger problems arise when Debtors ignore these lawsuits and they escalate.  If a responsive pleading is not filed within 30 days, the creditor will request the Court to enter default, and your wages and assets will be at immediate risk. Read the rest of this entry »

How Do You Stop Unauthorized Bank Charges to Your Account and Dispute the Transaction?

April 26th, 2013

Has a creditor ever added charges to your account, without your permission, or sent a bill for merchandise never order or services rendered? If so you need to know your rights under the Electronic Funds Transfer Act (“EFTA”). If you suspect, there has been an unauthorized transactions on your bank account, you have rights, but the time frame is limited. Under the EFTA, you must write or call the bank immediately, but no later than (60) days from the date of the statement reflecting the unauthorized charge. Your bank has a duty to investigate and promptly correct any unauthorized transactions that you report. The bank must resolve the dispute within (45) days. Moreover, if the bank takes longer than (10) business days to complete its investigation, it must put the funds back into your account while it finishes the investigation. The bank must also notify you of the results of its investigation and promptly correct any errors. If the bank should find there was no error, it must explain in writing why it believes there was no error. Read the rest of this entry »

BEWARE OF LAWSUITS FILED BY DEBT BUYERS!

April 9th, 2013

HAVE YOU BEEN SUED BY A DEBT BUYER, NOT YOUR ORIGINAL CREDITOR? MAKE SURE THEY REALLY HAVE THE RIGHT TO COLLECT THE DEBT AGAINST YOU

 

In the context of debt collection and debt collection lawsuits, a “debt buyer,” sometimes also referred to as a “bottom feeder,”  can be a company, individual, or even a law firm who buys charged-off debt. Usually, these accounts are purchased by junk debt buyer for pennies on the dollar from the original lender who wrote off the debt as a loss and tax deduction. The debt buyer then turns around and attempts to collect on the full face value of the debt, including interest, late fees, penalties, etc. Read the rest of this entry »

DOES AN INDIVIDUAL BANKRUPTCY DISCHARGE ALL MARITAL DEBTS IN CALIFORNIA?

March 27th, 2013

The short answer is community debt will be discharged but not the non-filing spouse’s individual debt.  Yet, it is not uncommon for only one spouse to file for Bankruptcy Protection. This frequently takes place where the other spouse has very little debt, is simply an authorized user on the account, or only has community debt.  For instance, if $45,000 is owed by one spouse and only $3,000 by the other, it often makes sense only for one of the spouses to file and the other to keep the $3,000 in debt for Credit Reasons.

The Bankruptcy Estate of an individual spouse filing in California includes that individual’s assets, as well as most if not all of their spouse.  This is the Bankruptcy Estate also includes community assets and California is a community asset state.  Community assets are property acquired by either spouse during the marriage, except by gift, inheritance or as income from property owned prior to the marriage.  Thus most Debtors are surprised when they are advised to list in their Bankruptcy Petition all assets that were incurred during the course of the marriage, including those of the other spouse, without some other intervening event (premarital agreement, post marital agreement, separate property inheritance/gift/etc).

Likewise, they are also surprised that they must also list most if not all of their spouses debts incurred during the marriage since those debts are also generally community debts, even if only one of the spouses signed for the debt.  The exceptions are debts incurred for the purchase of real estate, leases, and guarantees on debts which must be signed for by both spouses.  Yet the good news is that the non-filing spouse receives a discharge of the community obligations without even filing! Read the rest of this entry »

Have You Recently Been Denied A Bank Account?

February 26th, 2013

If you have recently been denied a Bank account, chances are you are being reported by ChexSystems.  The ChexSystems, Inc. network is comprised of member Financial Institutions that regularly contribute information on mishandled checking and savings accounts to a central location. ChexSystems shares this information among member institutions to help them assess the risk of opening new accounts. ChexSystems only shares information with the member institutions and does not decide on new account openings. Read the rest of this entry »

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Mike Doan - San Diego Bankruptcy Attorney, Southern California Phone: 800-380-3626

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