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 […]

Leveraging Chapter 13 to Stop Foreclosure and Keep your Home

Chapter 13 bankruptcy is a powerful debt solution for those looking to reorganize their debts in such a way as to prevent homes from being foreclosed or a vehicle from being repossessed. The focus of this article will be on using Chapter 13 to save your home. Foreclosure proceedings must immediately terminate upon the filing […]

Chapter 7 Meeting of Creditors: 341(a) Hearing

Once the Bankruptcy is filed, the Bankruptcy Court automatically sets a date for the “meeting of creditors.” In over 99 percent of the Chapter 7 cases we file, there are no “Court Hearings” or other hearings with a judge involved. Instead, there is solely this one “meeting of creditors” that is presided over by a […]

Car Repossessed? Immediately get back with Chapter 13 without fees.

Car Repossessed? Immediately get your repossessed vehicles back with Chapter 13 It is not uncommon for many of our clients to come to us too late, such as after a wage garnishment, bank levy, or auto repossession.  Yet most people do not realize that Chapter 13 can return repossessed vehicles immediately, and in most cases […]

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 […]

Finalizing the Chapter 13 Case

Finalizing the Chapter 13 Case So you have completed your final payments in the chapter 13 or about to make your last payment. What’s next? First, you need to make sure you have completed your second credit counseling course and that you have submitted your Certification re Domestic Support as further discussed below:

Reaffirming A Mortgage

Reaffirming A Mortgage Can I Reaffirm My Mortgage In Bankruptcy? We receive this question very frequently, and the general answer is no.  Generally, California Law provides there is no personal liability on mortgages in California except in limited cases.  As a result, reaffirming a mortgage or reaffirmation of mortgage continues to add no personal liability.  […]

Top Filers Third Quarter San Diego 2014

Top Filers Third Quarter San Diego 2014 Doan Law is one of California’s Largest Family of Attorneys, and prides itself in exclusively protecting consumer rights through bankruptcy and non-bankruptcy alternatives.  It is also the only father-and-five-sons family of bankruptcy attorneys in the entire United States.  By combining traditional family values, superior legal representation, and un-compromised […]

Top Bankruptcy Filing Firms San Diego County: 2nd Qtr 2014

Top Bankruptcy Filing Firms San Diego County: 2nd Qtr 2014 Doan Law is one of California’s Largest Family of Attorneys, and prides itself in exclusively protecting consumer rights through bankruptcy and non-bankruptcy alternatives.  It is also the only father-and-five-sons family of bankruptcy attorneys in the entire United States.  By combining traditional family values, superior legal […]

Doan Law Top Filer for 2013

San Diego Bankruptcy Attorneys Doan Law Firm Top Filer for 2013 San Diego Bankruptcy Attorneys Doan Law Firm Top Filer for 2013. Doan Law is one of California’s Largest Family of Attorneys, and prides itself in exclusively protecting consumer rights through bankruptcy and non-bankruptcy alternatives. It is also the only father-and-five-sons family of bankruptcy attorneys […]

Bankruptcy Audits

San Diego Bankruptcy Audits In 2005, the Bankruptcy Laws were amended under BAPCPA and one of the new requirements are random audits. These happen in about one of every two hundred fifty cases (1/250). So the chances of audit are small, less than 1/2 percent. But they do happen and are overseen by the United […]

Bankruptcy Filing Fees increase June 1, 2014.

Bankruptcy Filing Fees increase June 1, 2014 The Judicial Conference approved new filing fee increases effective June 1, 2014, for BANKRUPTCY CASES. The administrative fee and A.P. filing fee increases are as follows: The total new filing fee for each chapter will be as follows: •For filing a petition, or for filing a motion to divide […]

Time Period to Remove Second Mortgages

Time Period to Remove Second Mortgages Once a mortgage is paid or satisfied, the beneficiary under the deed of trust has 30 days to deliver all documents to the trustee. To allow reconveyance. California Civil Code Section 2941(b)1 provides:

Dont Pass Bounced Checks!

Dont Pass Bounced Checks! Be careful of bouncing a check, it could subject you to civil and criminal penalties. If not properly dealt with, bouncing checks could become very costly and land you in jail!

Getting A Bankruptcy Discharge Without Filing Bankruptcy

Getting A Bankruptcy Discharge Without Filing Bankruptcy Yes, it’s possible. If you are married, do not ever get divorced, and have no separate property. You can get a Bankruptcy Discharge of all your dischargeable debts, if only your spouse files for Bankruptcy. This is because California is a community property state. All community debts are discharged in […]

Fair Debt Buying Practices Act Goes In Effect Soon

Fair Debt Buying Practices Act Goes In Effect Soon! The Fair Debt Buying Practices Act was passed on July 1, 2013. It will require purchasers of charged-off consumer debts to provide greater documentation and to inform debtors of their rights. Typically, debt buyers purchase defaulted consumer debts by the thousands for pennies on the dollar. […]

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. […]

DO YOU NEED STUDENT LOAN RELIEF?

Student Loans are presently near One Trillion Dollars!  Americans now have more student loan debt than credit card debt!  Additionally, student loan debt default rates are now higher than the default rates for other debt.  The current default rate (more than 90 days behind) is presently 11%!  So what do you do if you have student loans?  […]

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:   […]

I can recover Garnished Wages and Bank Levies?

Yes you can!  Bankruptcy not only eliminates debt, but can also be a tool to recover previously garnished wages, levied monies from bank accounts, liens, and other involuntary transfers. Under 11 USC 547, property taken within 90 days of filing bankruptcy can be recovered thru the filing of an Adversary Proceeding in the Bankruptcy Court.  […]