Reaffirmation Agreement Policy of Doan Law

In a previous post, we had advised how it has long been Doan Law’s practice to not execute reaffirmation agreements except in very limited circumstances.  Reaffirmation agreements are harmful since they recreate personal liability on dischargeable debt, defeating the primary purpose of filing Bankruptcy in the first place.  Indeed, Bankruptcy Judge Mann recently used sanctions […]

Doan Law Continues to Fight for You!

Doan Law Continues to Fight for You! Doan Law, a top filing San Diego Bankruptcy Law Firm, continues to fight for you even after your bankruptcy is over, and with NO FEES UP FRONT.  In the recent case of In re Cobbs, our client decided he no longer wanted his car after getting his discharge.  Since the Bankruptcy had […]

Removing Post Petition Claims With Chapter 13 Discharge

Removing Post Petition Claims With Chapter 13 Discharge Generally, a discharge in a chapter 13 case will not discharge post-petition debt.  Thus a $100k in medical bills that comes from an auto accident after the chapter 13 is filed remain your responsibility.  Most people think the only way you can discharge such post petition debt in […]

WE MAKE CREDITORS PAY YOU

We Make Creditors Pay You! Read our Collection Abuses page here. We Protect You From Debt Collection Abuse! If you are receiving or have received creditor communications before, during, or after your bankruptcy. You may be entitled to statutory damages, actual damages and punitive damages. You should know your rights. As a consumer, even if you […]

FIVE (5) WAYS TO DEAL WITH DEBT:

Doan Law Firm is one of only a few firms in California that provides the Complete Package of Consumer Debt Protection Services: We provide both Bankruptcy and Non Bankruptcy Alternatives.  Depending upon your circumstances, Bankruptcy may or may not be right for you.  That is why in addition to Chapter 7 and 13 Bankruptcy Relief, […]

Recent 9th Circuit Decision Takes a Step Back on Discharge Credit Reporting

One of the ultimate goals for a bankruptcy practitioner is to obtain a “fresh start” for their debtor clients through a bankruptcy discharge. Sometimes that fresh start is frustrated by creditors who continue to report negative entries to credit reporting agencies for debts already discharged in bankruptcy. The frustration is magnified when credit reporting agencies […]

DOES AN INDIVIDUAL BANKRUPTCY DISCHARGE ALL MARITAL DEBTS IN CALIFORNIA?

The short answer is community debt will be discharged but not the non-filing spouse’s individual debt.  Yet, it is not uncommon for only one spouse to file for Bankruptcy Protection. This frequently takes place where the other spouse has very little debt, is simply an authorized user on the account, or only has community debt. […]

HOA FEES AND BANKRUPTCY

Homeowners are often surprised to find out they are still liable for certain HOA fees on property they surrendered in Bankruptcy.  The surprise is justified though in light of the whacky Bankruptcy Laws concerning the same that were passed in 2005.  Bankruptcy Code 11 USC 523a(16) provides that bankruptcy does not discharge a debt:   […]

$25 Per Day If No Pink Slip?

  Did you know that when you pay off your vehicle, the lender has 15 days to send you the Pink Slip?  If you do not receive the signed off pink slip within that time, then you are entitled to $25 per day for each day over 15 days, up to a maximum of $2,500.00.   […]

Ninth Circuit Attempts to Eliminate Attorney Fees in Stay Violations.

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 […]

Object to Any Improper Claims in Bankruptcy, or Forever Lose Your Rights!

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 […]

Strict Liability for Stay Violations?

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 […]

1099 on Foreclosed Home in San Diego After Bankruptcy

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 […]

Why Does My Credit Report Still Show A Balance After Bankruptcy?

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 […]

Got Note? In California, You Simply Can Not Foreclose Unless You Possess the Note!

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, […]

Possible New Bankruptcy Laws to Require Mortgage Modification?

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.  Stay tuned, more on this blog to be published soon. […]

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

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).  Stay tuned, more on this blog to be published soon. Written by Michael G. Doan   Call to speak with a […]

Social Security Number Publications Worth $139.95?

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.  Stay tuned, more on this blog to be […]

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

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 […]

Is Bankruptcy The Only Controlling Law For Bankruptcy Law Violations?

As of now, pretty much yes.  But this may soon be changing.  Stay tuned, more on this blog to be published soon. Written by Michael G. Doan- Mr. Doan practices on the cutting edge of bankruptcy law, and was the first attorney in the entire Southern District of California to file the very first Chapter 7 Bankruptcy […]

Bankruptcy and Retirement Plans

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 […]