Doan_Law

Chapter 7 Flowchart

admin — Sun, 08 Nov 2009 22:37:35 +0000

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

Security Clearances and Bankruptcy

admin — Thu, 05 Nov 2009 03:37:03 +0000

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

Ninth Circuit attempts to Eliminate Attorney Fees in Stay Violations.

admin — Mon, 26 Oct 2009 15:54:54 +0000

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

BAP Rules No More Deductions Allowed in Chapter 13 Surrender Cases

admin — Tue, 20 Oct 2009 19:36:42 +0000

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

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

admin — Mon, 19 Oct 2009 21:10:43 +0000

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

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

admin — Thu, 15 Oct 2009 12:44:34 +0000

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

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

admin — Sun, 11 Oct 2009 23:20:34 +0000

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

Can I Get A Refund Of My Bankruptcy Fees?

admin — Sat, 26 Sep 2009 14:40:47 +0000

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

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

admin — Tue, 22 Sep 2009 19:45:26 +0000

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

Ninth Circuit Eliminates “Ride Thru”

admin — Fri, 18 Sep 2009 20:40:19 +0000

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

Doan_Law

Chapter 7 Flowchart

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Security Clearances and Bankruptcy

Contact us about this or any other matters by filling out this contact form.

Ninth Circuit attempts to Eliminate Attorney Fees in Stay Violations.

Contact us about this or any other matters by filling out this contact form.

BAP Rules No More Deductions Allowed in Chapter 13 Surrender Cases

Contact us about this or any other matters by filling out this contact form.

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

Contact us about this or any other matters by filling out this contact form.

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

Contact us about this or any other matters by filling out this contact form.

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

Contact us about this or any other matters by filling out this contact form.

Can I Get A Refund Of My Bankruptcy Fees?

Contact us about this or any other matters by filling out this contact form.

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

Contact us about this or any other matters by filling out this contact form.

Ninth Circuit Eliminates “Ride Thru”

Contact us about this or any other matters by filling out this contact form.