Often our clients and other debtors want a simple visual to understand how procedurally a chapter 7 operates.   Accordingly, I have created an easy to follow flow chart to better help you understand how chapter 7 works in a nutshell.  By clicking this chapter 7 flowchart,  you will see how the typical chapter 7 proceeds at Doan Law Firm, LLP.  Over 95% of our chapter 7 cases are handled in this fashion, and if you file your case with our firm, chances are your case will proceed in the exact same fashion.

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So what happens to your security clearance when you file for bankruptcy protection?  Is it now gone forever? Is it lowered?  is your employment affected?  In most cases, No.  To read more about security clearances in the context of filing for filing for bankruptcy relief, please click my National Blog Here.

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Recently, the Ninth Circuit Court of Appeals issued its decision in Sternberg v. Johnston, No. 07-16870 which effectively eliminates attorney fees in the prosecution of determining damages in stay violations.  Nevertheless, its ruling should have little impact on attorney fees in persuing such violations and debtors should be able to continue to seek quality representation in such actions.   To read more about the ramifications of failing to object, please click my National Blog Here.

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In another strenous decision, the Ninth Circuit BAP also held that debtors are not allowed to deduct secured payments on Form B22’s projected disposable income test to determine the amount paid to unsecured creditors, when the property in question is being surrendered.  To read more about the ramifications of failing to object, please click my National Blog Here.

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In a strenous decision, the Ninth Circuit BAP recently held that debtors are not allowed to deduct secured payments on Form B22’s projected disposable income test to determine the amount paid to unsecured creditors.  To read more about the ramifications of failing to object, please click my National Blog Here.

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If a creditor files an improper claim against you in a bankruptcy case and you fail to object, that claim will be allowed and cut off all your rights to later contest the same.  More significantly, failing to object will also eliminate all counterclaims and defenses you may later want to bring against that creditor in the future.  To read more about the ramifications of failing to object, please click my National Blog Here.

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DISCLOSE, DISCLOSE, DISCLOSE. These are probably the most important three words in Bankruptcy.  All too often debtors negligently, and sometimes intentionally, fail to disclose all assets and debts.  Not only does this result in a federal crime subject to fine and imprisonment and technically remove your ownership of such assets, but it may also result in the non-issuance or revocation of your discharge.  Disclosure also requires complete transparency with your finances.  As such, “due diligence” documents are required in the Southern District of California Bankruptcy Courts.  Failure to supply all documents will result in your case not being filed, continuances, and/or denial of discharge as well.  To read more about disclosures and due diligence documents, please click my National Blog Here.

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It is not uncommon for a debtor to have second thoughts about filing for bankruptcy relief, terminate attorney services prior to filing, and request a refund.  There are many reasons debtors change their mind, such as being persuaded by others that bankruptcy is not in their best interest, finding a cheaper price by less experienced attorneys straight out of school, stepping into newfound wealth with the ability pay their debts, misinformation about its effects on credit, etc.  Please note that the Doan Law Firm classifies all its fees in the form of a non-refundable retainer.  Moreover, in most cases, fees are also fully earned. Accordingly, there are no refunds in most cases(except for such items as court filing fees, etc).  To read more about “non-refundable retainer agreements and whether fees are fully earned, please click my National Blog Here.

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Many of today’s Bankruptcy Filings are much different than just 2 years ago.  Many are now strategically being filed to deal with today’s housing collapse, to either save their homes, or walk away without being pursued by junior mortgages.  Indeed, no one is immune.  Recently, Stephen Baldwin filed for bankruptcy protection to save his home, and the number of celebrities caught in the housing crisis continues to rise.  Yet a strategic bankruptcy can also provide incredible relief as well.  To read how a Chapter 7 may eliminate all your debt and provide you with a home free and clear 6 years from now, please click my National Blog Here.

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In a disappointing decision, the Ninth Circuit has ruled against “Ride Thru” for debtors that do not execute reaffirmation agreements.  While the Doan Law Firm is generally opposed to reaffirmation agreements in most cases, the following exceptions will generally apply:

1) There is equity in the vehicle

2) Creditor agrees to reduce principal, interest, and/or payments

3) There are no other means of transportation

If you feel you qualify for a reaffirmation agreement, please contact your filing attorney for further discussion. To read more about this recent Ninth Circuit decision, please click my National Blog Here.

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In a recent case decided 8/26/09, the Southern District Bankruptcy Court denied relief to debtors who file for chapter 13 relief due to the amount of their unsecured and secured debts.  Although at first blush it appeared they qualified for relief, the Court actually ruled that certain secured real estate loans were actually unsecured as a result in the drop of housing values.   To read more about such clauses and what you can do about them, please click my National Blog Here.

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Often times, client are unaware that their car is secured not only by the vehicle debt, but also credit cards and other personal loans.  This is very frequent with credit unions.  To read more about such clauses and what you can do about them, please click my National Blog Here.

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It appears that violating the automatic stay just got tougher on creditors.  Recent Court decisions now appear to suggest that creditors can no longer rely on a good faith defense to any technical violations of the automatic stay.  Indeed, a recent court decision held a creditor liable and assessed punitive damages where there were no underlying damages and it took a court hearing just to determine whether the debtor was even liable for the debt associated with the repossessed collateral.  In that case, the collateral wasn’t even estate property and the creditor truly believed that the debtor did not owe it any money!  To read more about this decision, please click my National Blog Here.

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On August 14, 2009, the Ninth Circuit issued its decision in the Ransom case, denying ownership deductions on the means test to debtors who have vehicles but no vehicle payments.  Nevertheless, such an adverse decision can usually be circumvented by most competent bankruptcy attorneys. To read more about this decision, please click my National Blog Here.

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So you received a motion for relief of stay in your chapter 13 case.  What next?  Can you get current in a reasonable amount of time and was the setback only temporary?  If so, the negotiation of an Adequate Protection Order (”APO”) might be just what you need.  To read more about APO’s, please click my National Blog Here.

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So you got divorced and the property distribution was less than fair.  Will this be a problem in the bankruptcy?  Probably not!  Unless there is “extrinsic fraud,” the bankruptcy trustee will be unable to undue the inequitable divorce settlement.  To read more, please click my National Blog Here.

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Despite the Trustees, Creditors, and Courts making it very difficult to seek chapter 13 relief, Congress seems to have provided one more reason to seek chapter 7 relief instead of chapter 13 relief: Debt Limits.  Thats right. Unless you qualify within the debt limits, you are prohibited from filing for chapter 13 relief to save your home and should seek chapter 7 relief instead. Ironically, Bankruptcy Laws are now promoting foreclosure rather than saving homes like they use to.  To read more, please click my National Blog Here.

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A recent decision by the 10th Circuit Court of Appeals now provides authority to disallow proof of claims that fail to contain supporting documentation. To read more about these claims, please visit my National Blog here.

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Recently, the San Diego Bankruptcy Court allowed debtors with income of $14,500 per month and over $8000.00 in housing expenses related to their “McMansion” to receive a chapter 7 discharge. To read more about this amazing result and see if you qualify, please visit my National Blog here.

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Recently, the District Court located in San Diego ruled that a student loan was discharged in a Chapter 13 Bankruptcy.  In that case over $75,000 in student loans were eliminated and the debtor was entitled to a refund of payments made after discharge!  Moreover, the debtor did nothing out of the ordinary to eliminate the student loan, which was automatically eliminated simply by a plan provision and discharge. To read more about this amazing result and see if you qualify, please visit my National Blog here.

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On June 2, 2009, a decision came out in the Southern District of California Bankruptcy Court in San Diego that allowed a subsequent Chapter 13 Bankruptcy Case to be filed to remove a second mortgage, even though the debtor recently filed for Chapter 7 protection and was no longer entitled to a discharge.  To read more about this “Chapter 20 Lien Stripping Case” please click my National Blog here.

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On June 15, 2009, new legislation went into effect that could extend the foreclosure process by an additional 90 days.  To see if you qualify, please see my National Blog here.

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The new bankruptcy laws that passed in October, 2005, have created an exception to discharge of HOA fees that accrue after the bankruptcy case is filed until the title and possession of the property transfers.  While its tough to escape this liability, there are ways to minimize its effects.  To read more, please click my National Blog here.

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If you would like to obtain the current payoff or status of your Chapter 13 case in San Diego’s Southern District of California Bankruptcy Case, you can do so by clicking the following websites, depending upon who is your trustee.

Thomas Billingslea:  Simply create an account at https://www.13datacenter.com/data/new_debtor1.asp.

Davis Skelton: Enter username and password as “DEBTOR” and “DEBTOR” (All caps) at http://www.bankruptcylink.com/bl13/login.asp.  Be sure to select David Skelton as your Trustee.

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If you are a client of one of the San Diego Offices of Doan Law, please take note that the Firm will help in the surrender of your vehicle, but only if the Lender refuses to pick up the same.  As a general rule and when you no longer desire possession of the vehicle, simply contact the lender and request they immediatley pick up the vehicle. Read the rest of this entry »

In a crushing blow, the Cramdown legislation advocated by the Obama administration which would allow Bankruptcy Judges to modify mortgages in Bankruptcy has been voted against.  This legislation would have reduced principal balances to fair market value, lowered interest rates, amortized the loan over 40 years, and reduced payments.  Despite the measure failing, the Obama administration has been silent.  Indeed, it was also silent and stopped advocating for bankruptcy legislation in the days leading up to the vote when it appeared likely of not passing.  To read more about the failed legislation, click here. Debtors from here on out will either need to walk from their homes or obtain modification of their loans at their lenders’ discretion.  Alternatively, they might try to sue their lenders, but California Courts have been very hostile to most lawsuits in this regard.

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Please be sure to advise us anytime you change addresses.  If you move, we need to notify all the proper parties.  For more information, please click here.

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Following the path of recent decisions of California Courts, it would appear that one can now get away with murder provided it takes place in the foreclosure process. Since California Civil Code 2924 through 2924k provides a comprehensive framework for the regulation of nonjudicial foreclosure sales pursuant to a power of sale contained in a deed of trust, many California Courts are simply looking to whether the mechanical framework of 2924 has been complied with, and ignoring the fraud and falsities of the allegations taking place therein.

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Recently, a Ventura Judge denied a request to dismiss a lawsuit under 2923.6 which requires lenders to modify mortgages.  The transcript of that ruling can be found here.  To read more about 2923.6, please click my National Blog here.

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Legislation to allow Judicial modificaiton of mortgages in Bankruptcy seemed like almost a done deal in February, 09.  Now it seems the opposite may ensue.  If this is the case, the housing market will surely not stabalize for quite some time.  Below is an excerpt from CQ Today on April 22, 2009:  Read the rest of this entry »

If you are filing for bankruptcy protection, it generally never makes any sense to proceed with a short sale on your real estate for at least 5 reason. To read more, please click my National Blog here.

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New Bankruptcy Laws may soon go into effect to provide much needed and over due relief for San Diegan’s upside down on their residences.  Last week, legislation cleared the House and is on its way to the Senate. To read more about this and how it may play out for a typical homeowner in San Diego, please click my National Blog here.

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Clients are often confused as to exactly how much money they need to pay into their chapter 13 plan before they receive a discharge, and for good reason.  

Calculating the total “pot” that needs to be paid in the chapter 13 plan for discharge involves many different variables:Type of Debt in the Bankruptcy, Results of the Artificial B22 Income Calculation, Actual Comparison of Income vs Expenses, Objections by the Trustee and Creditors, etc.  

To get a better understanding of how these variables play out, please click my National Blog here.

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While most foreclosures result in the inability to pursue the borrower due to the creation of a non-recourse debt, there are some exceptions and issues that arise. For more information on whether you can be sued for any deficiency, please click my National Blog here. Read the rest of this entry »

Every day, our firm is bombarded with questions arising over whether the lender has any recourse against the borrower if a foreclosure proceeding takes place.  These questions often bring up tax issues, bankruptcy, and the 580b and 580d statutes of the California Code of Civil Procedure.  To fully understand whether you might be subject to a later lawsuit or tax liability as a result of a foreclosure proceeding in California, pleas click my National Blog here.

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Bankruptcy reform to allow modificaion of mortgages is gaining momentum.  Yesterday, legislation was approved 21-15 by a US House Panel.  After stalling in Congress last year, the legislation has gained traction in recent weeks due to the shift in power in Washington and the growing perception that mortgage servicers have not done enough to help strapped borrowers. House Speaker Nancy Pelosi (D, Calif.) said Thursday the measure was a “very high priority” that could move soon, possible as part of the economic stimulus legislation. More likely, it will be attached to other fast-moving legislation, such as a spending bill.

To read more, follow this Wall Street Journal Link. 

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It looks like the “Cram Down” Bankruptcy Reform will not be part of the economic stimulas package presently before Congress.  But good news, is that President Obama will push for the Cram Down soon thereafter.  Per a recent email I just received:

I wanted to keep you in the loop on judicial modification, one of our legislative priorities.  As some of you may already know, the judicial modification of mortgages legislation (S. 61 by Durbin, HR 200 by Conyers et al, and HR 225 by Brad Miller et al.) will NOT be part of the economic recovery package now under consideration in the House and Senate.  My understanding, confirmed by  reporting on the same, is that President Obama in a meeting on Friday specifically asked Democratic leaders not to include it in the package as he seeks to build Republican support for the recovery package.  The good news is that in the same meeting President Obama reaffirmed his support for the legislation and said that the Administration will look for a quick moving vehicle to which the legislation would be attached.  Among other possibilities is the 2009 omnibus appropriations bill, which congressional leaders hope to pass in the short term.  We will keep you posted on new developments in this regard.

In the meantime, the House Judiciary Committee is marking up H.R. 200 at 1 p.m. today.  Chairman Conyers will offer a manager’s amendment at that time that will include language reflecting the agreement reached with Citi.

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Frequently, clients  of our San Diego Bankruptcy Firm will come in running and screaming to our offices upon receipt of a little white piece of paper titled “Trustee’s Notice of Proposed Abandonment of Property.“    The notice is usually sent out by the Chapter 7 Trustee shortly after their bankruptcy case is filed, hence the excitement and grave concern.   The pursuing dialogue usually goes something like this: 

Read the rest of this entry »

Every January brings a slew of questions from clients and former clients that receive 1099s on real estate they surrendered and other debt discharged in Bankruptcy.  1099s that are received SHOULD NOT BE IGNORED.  Ignoring a 1099 in such a situation will only trigger a tax liability!  Instead, you simply need to fill out IRS form 982.  Technically, sending a 1099 after discharge may also be unlawful and subject the creditor to damages.  In the past, we have sued and recovered against creditors for this very conduct, so if you receive other correspondance (phone calls, bills, etc) in addition to the 1099 after your bankruptcy, let us know immediately, as you may possibly have a case!  For more information on 1099s on debt forgiveness, please click here.

Finally, a word of caution.  If the debt was forgiven and 1099 issued prior to filing bankruptcy, your ability to use IRS form 982 then becomes limited to the ”insolvency” or “principal residence” exceptions on IRS form 982.  So its very important to file your case PRIOR TO FORECLOSURE, CHARGE OFF, etc, so that you can simply claim the bankruptcy exemption under 1(a) of the form, instead of relying on insolvency under 1(b) or principal residence under 1(e).

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Probably because the creditor still wants their money!  Unless that creditor did not get notice of bankruptcy, reporting a balance is a very power debt collection tool and a popular tool by the debt collection industry to collect debts previously discharged in bankruptcy.  In prior articles, I had written how such acts will subject the creditor to liability.  Recently, on January 12, 2009, the Ninth Circuit ruled in Gorman v. Wolpoff & Abramson, LLP, 2009 U.S. App. LEXIS 585 (9th Cir. Cal. Jan. 12, 2009), that California Civil Code 1785.25(a) may also now be used to sue creditors who continue to report incomplete or inaccurate information.  No doubt, reporting a balance after discharge without bankruptcy notation is definitely incomplete and inaccurate!  To read more, please click my National Blog.

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All too often people fail to understand how powerful a chapter 13 is when it comes to saving your home from foreclosure.  To read more on how you can save your home with this powerful chapter of the Bankruptcy Code, please click my National Blog here.

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San Diego is on track to set a record number of bankruptcy cases filed for 2009.  With the softening real estate market and struggling economy, San Diego is likely to have a higher increase in bankruptcy filings than most other bankruptcy courts across the Nation.  If you are experiencing financial difficulties, you are not alone.  Please click here to read more from my National Blog.

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Debtors frequently complain that they still can not get a new bank account, even though they received their bankruptcy discharge.  This is primarily due to check reporting companies such as ChexSystems, Telecheck, and SCAN.  But with a few simple steps, you can probably get a new bank account in 60 days, and/or, set up FCRA violations against the reporting agencies and Banks.  To read more, please click my National Blog here.

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Congress just recently introduced legislation, which if passed, will allow homeowners to renegotiate their home loans without the consent of the lender.  This new legislation under Title 11 is court ordered and there is very little a lender can do to oppose it.  Essentially, it would allow a mortgage to be rewritten as follows: 1) Principal balance reduced to fair market value of the property; 2) Interest rates reduced to a reasonable rate; and 3) Term of loan spread over up to 40 years. 

SO, HERE’S WHAT YOU CAN DO TO HELP TODAY - contact your Congressperson and tell them that you support S. 61 and HR 200.  Together, we can make a difference!

To read more about this sweeping new legislation which may soon be law, please click here.

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Good news.  Legislation enacted December 19, 2008, has recently exempted most National Guard and Military Reserve from the means testing requirements in filing for bankruptcy protection!  To read more, please click my National Blog Here.

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Congratulations! If you received a “discharge of debtor” notice from the bankruptcy court your bankruptcy case was a success.  Your discharge document, usually consisting of just a page, is the most important document you will ever receive from the bankruptcy court, safeguard it as you would a birth certificate, passport, or social security card!  Most Chapter 7 cases will result in a discharge 3-4 months after the case was filed. Chapter 13 cases will be discharged after you complete your plan, provided you have not received a prior discharge recently (depend on when the prior case was filed and chapter filed under) which would prevent you from receiving a new discharge.  Read the rest of this entry »

I am amazed at all the foreclosures taking place in California in complete ignorance of the most basic and fundamental laws of any foreclosure proceeding under California Law.  Everyone seems to just jump straight into the Article 9 security interest issues, entirely skipping its genesis in the Article 3 enforceability issues of the underlying note.  Indeed, a local federal judge even said recently to our firm, “Counsel, this is an article 9 issue, not an article 3 issue.”  Huh?  YOU CANT GET TO ARTICLE 9 UNTIL YOU FIRST PASS ARTICLE 3!!!!!!

This just goes to show the ignorance of well educated individuals when it comes to the enforceability of foreclosure proceedings under California Law in the wake of the recent global securitization of mortgages.  Perhaps this is why government is failing and has no clue on how to stop the current economic downturn we are all facing.  Perhaps this is why Congress chooses to simply throw trillions of taxpayer dollars towards failing businesses in an attempt to stave off the inevitable financial armageddon.  Perhaps throwing money away is all they know and what they do best, and simply do not understand the balloon effects of securitization and creation of money from nothing.  Regardless, to read more about the basics of California Foreclosure Law, please click my National Blog here.

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Most courts routinely grant relief of stay with little showing by the moving party.  Nevertheless, all parties requesting relief of stay should be required to meet both the substantive and procedural requirements in moving for relief of stay.  To read more about these requirements, please click my National Blog here.

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Over the past two weeks, new legislation has been introduced into both the Senate and House which would allow mortgages to be modified on personal residences.  Such new sweeping bankruptcy reform would drastically change current laws which presently only provide for modification of junior mortgages.  To read more about this new legislation, please click my National Blog here.

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I get this question all the time from clients.  ”I received my discharge 3 months ago and am still getting billing statements from my lender. Why?”

Well, the answer lies in new 11 USC 524(j).  To read more, please click my National Blog here.

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Would you be willing to have your social security number published across the world for anyone with a computer to see and capture, for $139.95?  According to Judge Taylor of the Southern District Bankruptcy Court, $139.95 is the going rate of damages for such an unlawful act.  To read more, please click my National Blog here.  

If you think $139.95 is too much or to little, then we want to know.  Please email info@doanlaw.com and let us know what you would reasonably accept to have in terms of monetary damages if your social security number were published across the internet for anyone with a computer to capture and use.  

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Countrywide refused to obey a Bankruptcy Court Order and abused clients of Doan Law Firm.  Despite repeated requests by Doan Law to have Countrywide Cease and Desist the unlawful conduct, Countrywide refused. Michael Doan then filed suit against Countrywide and Shawn Doan argued the case.  Judge Meyers awarded over $55,000.00 against Countrywide. Additionally, the Judge ordered an additional $500 per month sanction against Countrywide for compliance.  It will remain to be seen whether Countrywide will comply.  To read more, please click my National Blog here.

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Doan Law Firm generally never reaffirms real estate loans since the laws do not require such in order to keep your home.  The only exception might be if the Lender offers a reaffirmation agreement which is in effect a modified loan agreement where payments, interest, and principal balances are reduced.  To read more about reaffirmation agreements on real estate loans, please click my National Blog here.

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While Doan Law Firm primarily concentrates its practice in Bankruptcy and Personal Injury, we also handle other cases outside of Bankruptcy.  In addition to Criminal law, Lemon Law, Employment law, suing creditors in state and federal courts, etc., we have also began modifying mortgages in light of recent economic conditions, in an attempt to save Californian’s from losing their homes.  Generally, we are selective in the loans we attempt to modify.  Our Mortgage Modification Program is generally available for individuals that have already decided to allow foreclosure and have nothing to lose.  If you absolutely do not want to take any risks on losing your home, this program may not be for you. Read the rest of this entry »

No, at least not in the Southern District of California.  Instead, a seperate valuation hearing is probably necessary.  To read more about asset values after confirmation, please click my National Blog here.

Written by Michael G. Doan

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Your credit report should generally have no balances and be notated with “Discharged in Bankrutpcy” throughout.  The Bankruptcy Case number, discharge date, and Court location should also be listed.  For more information on this topic, please click my National Blog here.

Written by Michael G. Doan

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Debtors filing for Bankruptcy Relief must provide proof of income for the previous 6 months prior to filing their case.  Failing to do so will lead to dismissal here in the Southern District of California.  If you are self employed, profit and loss statements need to be done.  Please click my National Blog for more information and exemplars of profit and loss statements which need to be filled out.

Written by Michael G. Doan

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The Southern District of California is notorious for being one of the toughest districts in the Nation when it comes to the required documentation to be provided in each bankruptcy case.  Recently, the Chapter 7 due diligence documents have been amended.  To read more, please click my National Blog here.

Written by Michael G. Doan

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As of now, pretty much yes.  But this may soon be changing.  Read more on this at my Nation Blog here.

Written by Michael G. Doan

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My clients are always concerned whether they will lose their retirement plan in bankruptcy.  Over the past 15 years, I have only had one client with this problem, and she settled with the trustee, thus keeping 90% of her plan.  Notwithstanding, that case was prior to 2005.  The new bankruptcy laws in 2005 would have protected her since most retirement plans under those laws are now untouchable up to $1,095,000 per person.  To read more on the protections of retirement plans in bankruptcy, please click my National Blog here.

Written by Michael G. Doan

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Facing foreclosure?  About to go into default?  Has the value of your house plummeted?  Unfortunately, many Californians are now answering yes to these questions.  Luckily, the California Legislature is well aware of this dilemna and has passed new laws to help homeowners remain in their homes and enter alternative repayment arrangements with their lenders.  To read more about these new laws, please click my national blog here.

Written by Michael G. Doan

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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

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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

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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

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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

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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

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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

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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 »

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

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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 

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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 

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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 

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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 »