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COVID 19 Lockdown: Should I File Bankruptcy?

In response to COVID 19, Governor Gavin Newsom enacted Executive Order N-33-20 on March 19, 2020, which essentially locks down most businesses outside of the  16 federal critical infrastructure sectors. Since many residents in San Diego and across the country are not considered essential, many are now unemployed.   The Covid 19 lockdown is going to affect the entire economy in one way or another, with lasting effects trickling down into all facets of the economy.  Debt relief programs such as bankruptcy, forebearances, and moratoriums on evictions and foreclosures will soon become the new normal.  For many it might be the

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While businesses, restaurants, and other services are shutting down everywhere, Doan Law can still file your Bankruptcy Case, 24/7.  This is because Doan Law has been electronically filing Bankruptcy Cases in the Southern District Bankruptcy Court since before the turn of the Century.  We were one of the first Bankruptcy Law firms in the Nation to file Bankruptcy Cases electronically and the first Bankruptcy Law Firm in the Southern District to file Chapter 7 and Chapter 13 cases under the new Bankruptcy Laws enacted in October 2005.  In no uncertain terms,  Covid-19 is not having any impact on Doan Law’s

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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 went so far as to use sanctions against an attorney to void a reaffirmation agreement with Wells Fargo finding the reaffirmation agreement was entirely unnecessary and failed to account for the debtor’s best interest.  The attorney mistakenly thought the reaffirmation agreement was required to prevent a repossession and improve

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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 of a Chapter 13 bankruptcy case, allowing debtors breathing room to submit a plan of reorganization to the court. Generally speaking debtors can use the Chapter 13 bankruptcy process to get current with their lender over a 3-5 year period. For example, if the debtor

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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 “bankruptcy trustee” who is not a judge, but typically a financial officer or attorney appointed by the United States Trustee to oversee bankruptcy cases. Trustees are private parties and not public officials. Their sole purpose is to make sure you are complying with your duties

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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 without paying any fees.  That’s right!  While you might be told by a creditor that you need to pay $1,800.00 to release the vehicle from impound, Chapter 13 eliminates those fees and allows the immediate release upon bankruptcy notice.

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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 discharged his personal obligation, only the lien remained on the car.  A month after discharge he contacted Doan Law to surrender the car to Nissan.  Doan Law contacted DH Wholesale who then immediately retrieved the vehicle for Nissan to pick up.  Despite numerous notices from

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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 a Chapter 13 case is by converting to Chapter 7 per 11 USC 348(d): (d) A claim against the estate or the debtor that arises after the order for relief but before conversion in a case that is converted under section 1112, 1208, or 1307

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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:

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Reaffirming A Mortgage

Reaffirming A Mortgage Can I Reaffirm My Mortgage In Bankruptcy? We receive this question very frequently and it seems most real estate lenders are ignorant of the Bankruptcy Code.  Reaffirming a mortgage is a legal impossibility since mortgages deal with real property.  Yet reaffirmation agreements are only possible on personal property. Sections 362(h) and 521(a)(6), the provisions added by BAPCPA that terminate the stay as to an interest in property if the debtor does not comply with § 521(a)(2) or 521(a)(6) – by not timely filing a statement of intention and performing that intention under § 521(a)(2), or by not

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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.