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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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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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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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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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.

Written by Michael G. Doan 

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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.

Written by Michael G. Doan 

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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.

Written by Michael G. Doan 

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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.

Written by Michael G. Doan 

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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.  

Written by Michael G. Doan

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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.

Written by Michael G. Doan

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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. (more…)

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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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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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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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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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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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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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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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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Good question.  Bankruptcy eliminates your personal liability.  When you surrender real estate, there is absolutely no reason for any bills or balance being reported on  your credit report!  You can read more about this at the Blog I posted at Bankruptcy Law Network.  Written by Michael G. Doan

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GMAC tried to charge my client $359.50 during his Chapter 13 Bankruptcy Case.  This was a secret fee they never disclosed to the court!  You can read more about this in the Blog I posted at Bankruptcy Law Network.  Written by Michael G. Doan 

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All the time, my clients tell me that they are receiving calls and letters from people promising them that they can save their house.  Other than solicitations from attorneys specializing in this area and/or bankruptcy protection, most of these solicitations are SCAMS! (more…)

In another blog article, I talk about claims abuses arising from debt scavengers in Chapter 13 cases. This blog will further explain the roots of these abuses. (more…)

In another Blog post, I talk about the recent Supreme Court Case of Travelers.  That case may well open the doors to using non-bankruptcy laws to defeat proof of claims filed in Chapter 13 cases. (more…)

Yes. With the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), a new filing fee waiver was instituted for certain individuals with low income. A special form needs to be filled out. If your income is less than 150% of the poverty level and you are unable to pay in installments, then the fee may be waived. But it gets even better. Your attorney fees may be totally reimbursed as well! (more…)