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Just received a lawsuit. How much time do I have?

Its not uncommon for lawsuits to be filed against debtors after retaining Doan Law Firm and prior to filing Bankruptcy, especially on accounts that have been delinquent for 6 months or longer.  Yet as long the Bankruptcy is filed within two (2) to three (3) months of service of the lawsuit, adverse consequences such as a wage garnishments, bank levies, or real estate liens usually are not an issue.  Moreover, the Bankruptcy eventually resolves the lawsuit(s).  However, waiting too long can definitely be risky.

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Credit Report Ordering Portal.

At Doan Law Firm, we require a TriMerge Credit Report to file your Bankruptcy Case.  Relying upon other information to gather creditor information simply takes too much time, provides too much opportunity for error, and ends up creating much more work in the long run.  At Doan Law, we will run your credit and obtain a TriMerge credit report from TransUnion, Equifax, and Experian.  You will get a copy of the same.  We will then have you supplement that report with any Creditors that are not reporting to the Bureaus. If you have not retained Doan Law but would still

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EIDL and PPP Loans

The question often comes up whether Paycheck Protection Program (PPP) Loans or Economic Injury Disaster Loans (“EIDL”)  from the U.S. Small Business Administration (SBA) are discharegeable in Bankruptcy.  These loans emerged primarily during the Covid-19 pandemic. EIDLs under $25,000 were unsecured, while those above $25,000 required collateral from the business. Loans over $200,000 also required a personal guarantee, making the guarantor responsible for the debt. Unfortunately, as these loans come due for payment in 2023 in light of the economic woes of recession, inflation, and ever increasing interest rates, many businesses remain unable to pay these loans.  Indeed, $220M worth

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Can you Discharge Income Taxes in Chapter 7 Bankruptcy?

Can You Discharge Income Taxes in Chapter 7 Bankruptcy? The short answer is maybe! Prospective bankruptcy clients may owe income taxes to either the Internal Revenue Service and/or the State when filing for Chapter 7 bankruptcy. Most taxes debts will be excepted from the bankruptcy discharge, meaning these debts will survive the bankruptcy and still be due, but there are limited instances where the tax liability can be discharged in Chapter 7 bankruptcy. It is important to discuss these issues with a San Diego Bankruptcy Attorney thoroughly before filing a Chapter 7 bankruptcy, as often the tax year in question

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Vehicle Options: Chapter 7

When a Chapter 7 case is filed, a Bankruptcy Estate is created and any vehicles you have become part of this Estate. The following options are then available depending upon the debto associated with the vehicle(s): VEHICLE PAID IN FULL, NO LIENHOLDER: If you own your vehicle free and clear, in almost every case the vehicle is claimed as exempt and abandoned by the Bankruptcy Trustee.  You get to keep your car without Bankruptcy interference.  While there are some exceptions where there may not be enough exemptions to protect the vehicle subjecting it to liquidation, Doan Law can usually reach

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Means Test: Income Limits and Passing with Non-Consumer Debt

The Means Test determines whether you may be eligible for a Chapter 7 discharge and the amount of your Chapter 13 payments. Supposedly, it is the “perfect formula” from Congress to eliminate judicial discretion in Bankruptcy Cases. If you have too much income under the Means Test, then your Chapter 7 may be dismissed if you do not elect to convert to Chapter 13.  For this reason, the Bankruptcy Code includes provisions, such as 11 U.S.C. § 707(b), which is intended to prevent debtors from obtaining Chapter 7 shelter if they have an ability to pay their creditors. In a

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Chapter 13 Qualifications

While most individuals are better off filing a Chapter 7 instead of Chapter 13, there are certain situations where Chapter 13 is better.  Such situations include but are not limited to saving a house from foreclosure, removing junior mortgages on a residence, restructuring vehicle loans, restructing payments on nondischargeable debts such as taxes/student loans/support obligations, inability to file for Chapter 7 due to a previous filing with the past 8 years, etc. The qualifications to file for Chapter 13 are generally as follows: You must have regular income. You fulfilled the credit counseling requirement. Your total combined secured and unsecured

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Emergency Rules on Evictions and Foreclosures

On April 6, 2020, California Courts issued Emergency Rules on Evictions and Foreclosures.  The Judicial Council adopted  the emergency rules for all California courts. The rules effectively stays all evictions and foreclosures except those necessary to protect the health and safetly of the public.   The new emergency rules are applicable to all evictions and foreclosures in California Courts, whether they are based on a tenant’s missed rent payment or another reason. The new rule will apply to evictions and foreclosures for 90 days from when Governor Newsome lifts the state of emergency related to the COVID-19 pandemic, or until it

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Payroll Protection Program: “Average Monthly Payroll”

On Friday, March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act into law. Part of that Act is the Paycheck Protection Program (“PPP”) which authorizes up to $349 billion in forgivable loans to small businesses, sole professorships, and self employed to pay their employees and/or themselves during the COVID-19 crisis. All loan terms are the same for everyone.  Crucial to the PPP is average monthly payroll.     Essentially, the PPP provides a forgivable loan to businesses based upon average monthly payroll costs for 8 weeks.  Accordingly, the SBA will forgive loans under the PPP

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CORONA-VIRUS DEBT? Pre-Qualify for Bankruptcy

Instead of letting Corona-Virus Debt destroy your finances, Pre-Qualify today for Bankruptcy by a simple phone call and eliminate all your debt troubles. In as little as 30 to 60 minutes, we can Pre-Qualify you for Bankruptcy Relief to eliminate your debt and avoid Corona-Virus Debt!  No office visit is required.  Instead, we offer same day free telephonic consultations!     And while there is virtually a Nationwide Shutdown, Doan Law remains available to file your Bankruptcy Case, 24/7.  As we are all aware, Governor Newsome placed California under lockdown on March 19, 2020 under Executive Order N-33-20, the ‘Stay

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    San Diego Bankruptcy | Orange County Bankruptcy | Inland Empire Bankruptcy

    Overwhelmed with bills and creditors harassing you? Now is the time to get started on the road toward financial freedom!

    The Doan Law Firm is one of the largest family of San Diego Bankruptcy Attorneys and we will help you achieve a fresh financial start. From the moment we meet, you are protected from creditors, while your bankruptcy case is being prepared, or other non-bankruptcy alternatives are put into place. We are here to help you immediately!

    Schedule a free consultation with one of our San Diego Bankruptcy Attorneys today and get started on the road to a debt-free life.

    Chapter 7 | Chapter 13 | Chapter 20 Combo

    By working with one of Doan Law Firm’s San Diego Bankruptcy Attorneys toward filing a Chapter 7, Chapter 13, or even a Chapter 20 Combo, you can rest assured you are getting the best service and results, at the most affordable and guaranteed price. Our Bankruptcy Lawyers will assist you in determining which chapter is right for you, and guide you through the complex Bankruptcy Code of Title 11. To ensure your case runs as smoothly and simply as possible. Since Doan Law Firm has one of only fourteen Board- Certified Bankruptcy Specialists in Consumer Bankruptcy Law, by the American Board of Certification, in the State of California, you can sleep soundly knowing your case will process smoothly. And your assets will be protected, and your debts eliminated.

    Get started today, and stop the harassment from creditors. Unlike most firms that do nothing upon being retained, and unlike the few that take limited defensive measures. At Doan Law Firm we take the offense and actually reverse the playing field, and go after your creditors. Wherein many of our clients actually receive free bankruptcies, and money in their pockets. Creditor harassment and abuse immediately terminates State and Federal Laws are immediately invoked. Lawsuits and counter lawsuits are filed from our quiver of offensive maneuvers, to protect your rights, that creditors and debt buyers do not want you to know about

    Bankruptcy Alternatives

    Interested in pursuing a settlement outside of Bankruptcy Court, or are you looking for some extra legal advice? We offer many bankruptcy alternatives that help you with debt relief.

    At Doan Law Firm, a San Diego Bankruptcy Attorney can determine what non-bankruptcy alternative is right for you. Including debt settlement, collection defense, short sales, mortgage modification, and RFDCPA/TCPA Lawsuits. Our arsenal of non-bankruptcy alternatives may be just what you need, without the need to file for Chapter 7 or Chapter 13 relief. With a Doan Law Bankruptcy Attorney on your side, you instantly retain Doan Law Firm‘s leverage, credibility, and reputation to achieve the best results for your particular needs.

    Post-Bankruptcy Filing Assistance

    We do not stop once your case has been filed and is finalized. The debt relief lawyers of Doan Law Firm are available to help you get back on the right track financially. Even after your debt has been reduced or eliminated. We offer credit counseling and credit repair, after discharge and case closure. To help you get back on solid financial ground with an improved credit score. In most cases, our clients have a better credit and FICO score after retaining us than before.

    File Bankruptcy Online From Home

    Can’t make it in to a Doan Law Firm office location? No worries! Doan Law Firm utilizes the latest state-of-the-art technology, making it easier than ever to file bankruptcy online from the convenience of your home. Many of our busy or home-bound clients complete 100% of their interaction with us over the phone, internet, and mail, without a single compromise. The only place they need to go is to their meeting of creditors.