Archive for the ‘General Bankruptcy’ Category

Chapter 7 Flowchart

Sunday, November 8th, 2009

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.

Written by Michael G. Doan

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Security Clearances and Bankruptcy

Wednesday, November 4th, 2009

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.

Written by Michael G. Doan

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Ninth Circuit attempts to Eliminate Attorney Fees in Stay Violations.

Monday, October 26th, 2009

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.

Written by Michael G. Doan

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BAP Rules No More Deductions Allowed in Chapter 13 Surrender Cases

Tuesday, October 20th, 2009

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.

Written by Michael G. Doan

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BAP Rules No More Deductions Allowed In Lien Strip Chapter 13 Cases.

Monday, October 19th, 2009

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.

Written by Michael G. Doan

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Object to any Improper Claims in Bankruptcy, or Forever Lose your Rights!

Thursday, October 15th, 2009

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.

Written by Michael G. Doan

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MAKE SURE YOUR ATTORNEY SENDS THE TRUSTEE ALL REQUIRED DOCUMENTS AND YOU FULLY DISCLOSE ALL INFORMATION:

Sunday, October 11th, 2009

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.

Written by Michael G. Doan

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Can I Get A Refund Of My Bankruptcy Fees?

Saturday, September 26th, 2009

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.

Written by Michael G. Doan

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Strategic Bankruptcy: How to be Debt Free and Own Your Home Free and Clear in as Little as 6 Years.

Tuesday, September 22nd, 2009

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.

Written by Michael G. Doan

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Ninth Circuit Eliminates “Ride Thru”

Friday, September 18th, 2009

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.

Written by Michael G. Doan

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Local Bankruptcy Court Denies Relief In Chapter 13 Due to Debt Limits.

Sunday, September 13th, 2009

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.

Written by Michael G. Doan

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Dragnet Clauses, Cross-Collateralization Clauses: Will I lose my Car?

Tuesday, August 25th, 2009

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.

Written by Michael G. Doan

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Strict Liability for Stay Violations?

Saturday, August 22nd, 2009

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.

Written by Michael G. Doan

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How to Resolve Relief of Stay with an Adequate Protection Order:

Tuesday, August 11th, 2009

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.

 

Written by Michael G. Doan 

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Inequitable Divorce Settlement and Filing Bankruptcy?

Saturday, August 1st, 2009

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.

 

Written by Michael G. Doan 

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One More Reason to File Chapter 7 and Not Chapter 13

Tuesday, July 28th, 2009

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.

 

Written by Michael G. Doan 

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Make Sure You Do Not Pay Improper Claims in your Bankruptcy

Friday, July 17th, 2009

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.

Written by Michael G. Doan 

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High Income and Expensive Real Estate still ok for Chapter 7

Thursday, June 25th, 2009

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.

 

 

Written by Michael G. Doan 

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San Diego Court allows Student Loans to be Wiped out in Chapter 13 Bankruptcy

Wednesday, June 24th, 2009

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.

 

 

Written by Michael G. Doan 

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San Diego Bankruptcy Court allows Lien Stripping in Chapter 20 Case.

Monday, June 22nd, 2009

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.

 

Written by Michael G. Doan 

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HOA Dues after Bankruptcy in California

Saturday, May 16th, 2009

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.

Written by Michael G. Doan 

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How To Obtain Chapter 13 Bankruptcy Payoff Information and Status In San Diego:

Thursday, May 7th, 2009

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.

Written by Michael G. Doan 

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Doan Law Vehicle Surrender Policy

Tuesday, May 5th, 2009

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. (more…)

How Do I Change My Address:

Sunday, May 3rd, 2009

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.

 

Written by Michael G. Doan 

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Possibly No Cram Down Legislation?

Thursday, April 23rd, 2009

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:  (more…)

Bankruptcy and Short Sales in Southern California

Sunday, April 5th, 2009

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.

 

Written by Michael G. Doan 

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Bankruptcy Payments in San Diego Chapter 13 Cases:

Sunday, February 22nd, 2009

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.

Written by Michael G. Doan 

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San Diego Foreclosure and Bankruptcy Nuances

Saturday, February 14th, 2009

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. (more…)

Latest News on Bankruptcy Mortgage Modification

Wednesday, January 28th, 2009

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. 

 Written by Michael G. Doan 

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Help! I received a “Trustee’s Notice of Abandonment of Property”, am I Going to Lose my House?

Monday, January 26th, 2009

 

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: 

(more…)

1099 on Foreclosed Home in San Diego after Bankruptcy

Monday, January 26th, 2009

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).

 

Written by Michael G. Doan 

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Foreclosure and Bankruptcy: Save your Home in California!

Saturday, January 17th, 2009

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.

 

 

Written by Michael G. Doan 

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Bankruptcy in San Diego

Saturday, January 17th, 2009

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.

 

 

Written by Michael G. Doan 

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I Got My Bankruptcy Discharge, But Still Cant Open A Bank Account.

Sunday, January 11th, 2009

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.

 

 

Written by Michael G. Doan 

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Helping Families Save Their Homes in Bankruptcy Act of 2009

Wednesday, January 7th, 2009

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.

 

Written by Michael G. Doan 

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Nation Guard or Military Reserve? NO MEANS TESTING!

Sunday, January 4th, 2009

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.

 

Written by Michael G. Doan 

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I received my Bankruptcy Discharge, now what?

Thursday, December 18th, 2008

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.  (more…)

Bankruptcy Relief of Stay: What is required?

Saturday, December 13th, 2008

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.

 

Written by Michael G. Doan 

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Possible New Bankruptcy Laws to Require Mortgage Modification?

Saturday, November 29th, 2008

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.

 

Written by Michael G. Doan 

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Why do Some Billing Statements on Real Estate Continue After Discharge?

Saturday, November 29th, 2008

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.

 

 

Written by Michael G. Doan 

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Social Security Number Publications Worth $139.95?

Sunday, November 16th, 2008

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.  

 

Written by Michael G. Doan

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Doan Law Firm Gets Award Over $55,000.00 Against Countrywide.

Sunday, November 16th, 2008

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.

 

 

Written by Michael G. Doan

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Real Estate Loans Generally Should Never Be Reaffirmed

Friday, November 7th, 2008

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.

 

Written by Michael G. Doan

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Does Confirmation Bind Asset Values?

Sunday, October 19th, 2008

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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What Should My Credit Report Look Like After Discharge?

Sunday, October 5th, 2008

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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Proving Income For The Self Employed

Sunday, September 28th, 2008

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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Additional Requirements For Chapter 7 Cases

Sunday, September 28th, 2008

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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Ok To Pay Attorney Fees With A Credit Card?

Sunday, 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

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Chapter 13 Mortgage Lien Stripping Effective At Confirmation.

Tuesday, 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

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Car Cramdowns May Have Just Gotten Harder!

Monday, 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

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Lien Stripping Just Got Cheaper And Easier In the Southern District Bankruptcy Court.

Monday, 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

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Filing Bankruptcy Under The New Laws

Monday, 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.  (more…)

Don’t Reaffirm! There Are Better Alternatives!

Saturday, 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 

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Chapter 13: Under The New Laws, No More Payments To Unsecured And No More Minimum Plan Length

Saturday, 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 

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Can A Bankruptcy Be Expunged From The Credit Report?

Thursday, 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. (more…)

How To Stop Debt Collection Abuses.

Sunday, 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 

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Why Do I Need To Provide Evidence Of Insurance?

Sunday, 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 

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How Much Does It Cost To File Bankruptcy?

Sunday, 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 

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Credit Reports Are Mandatory For Bankruptcy.

Tuesday, 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 

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Pay Money, Sign Forms, File Bankruptcy, Right?

Sunday, 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 

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WARNING: Unlawful Claims by Creditors WIll Not Be Tolerated By Doan Law Firm

Saturday, 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. (more…)

Does California’s New Laws For Same Sex Marriage Allow Joint Bankruptcy Petitions?

Sunday, 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

 

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Is It A Miracle? No, Its Title 11!

Friday, 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 

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Do I Qualify for Chapter 13?

Sunday, 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

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What is relief of stay?

Friday, 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

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SEE IF YOU QUALIFY TO REMOVE YOUR SECOND MORTGAGE!

Monday, 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 

  

 

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You Scheduled Your First Appointment. CONGRATULATIONS! What to Expect.

Sunday, 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 

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Keeping Credit Cards In Bankruptcy

Sunday, 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 

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When Can I File For Bankruptcy Again?

Sunday, 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 

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DEBT DATES: ONE OF THE HARDEST PARTS OF FILING BK!

Sunday, 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 

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SO HOW MUCH IS MY TRUSTEE GETTING TO REVIEW MY CASE?

Sunday, 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 

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Why I Should Not Reaffirm My Car:

Monday, 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

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Do you really want to reaffirm that car?

Sunday, April 6th, 2008

In most cases, NO!  Why pay more for a car than what its worth?????  Especially when you can probably replace that car with a newer vehicle, lower payment, lower interest, and no money down!  Read more about it here. Written by Michael G. Doan 

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New Bankruptcy Laws: File By The End Of The Month or Start All Over!

Sunday, 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

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What Can I Expect At My Bankruptcy Hearing?

Sunday, 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 

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Bankruptcy Discharge: In Personam vs In Rem

Monday, 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

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When Do I Know Its Right To File Bankruptcy?

Monday, 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

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What Happens to My Credit if I File Bankruptcy?

Tuesday, 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.”  (more…)