San Diego Bankruptcy Attorney - Doan Law Firm

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 underlying damages and it took a court hearing just to determine whether the debtor was even liable for the debt associated with the repossessed collateral. In that case, the collateral wasn’t even estate property and the creditor truly believed that the debtor did not owe

August 22, 2009 No Comments

Ninth Rules No More Ownership Expenses Allowed on Debt-Free Vehicles.

On August 14, 2009, the Ninth Circuit issued its decision in the Ransom case, denying ownership deductions on the means test to debtors who have vehicles but no vehicle payments. Nevertheless, such an adverse decision can usually be circumvented by most competent bankruptcy attorneys. Stay tuned, more on this blog to be published soon! Written by Michael G. Doan– Michael is a highly skilled San Diego Bankruptcy Attorney with over 17 years of experience in the fields of insolvency, bankruptcy, consumer rights, debt negotiation, creditor collection abuse, estate planning, contracts, real estate, and tax. Contact an Oceanside Bankruptcy Attorney today, we’re

August 14, 2009 No Comments

How to Resolve Relief of Stay With An Adequate Protection Order:

So you received a motion for relief of stay in your chapter 13 case. What next? Can you get current in a reasonable amount of time and was the setback only temporary? If so, the negotiation of an Adequate Protection Order (“APO”) might be just what you need. Stay tuned, more on this blog to be published soon. Written by Michael G. Doan– Michael is a highly skilled Bankruptcy Attorney with over 17 years of experience in the fields of insolvency, bankruptcy, consumer rights, debt negotiation, creditor collection abuse, estate planning, contracts, real estate, and tax. Do you need an Escondido Bankruptcy Attorney?

August 11, 2009 No Comments

Inequitable Divorce Settlement and Filing Bankruptcy?

So you got divorced and the property distribution was less than fair. Will this be a problem in the bankruptcy? Probably not! Unless there is “extrinsic fraud,” the bankruptcy trustee will be unable to undue the inequitable divorce settlement. Stay tuned, more on this blog to be published soon. Written by Michael G. Doan- Michael is a highly skilled San Diego Bankruptcy Attorney with over 17 years of experience in the fields of insolvency, bankruptcy, consumer rights, debt negotiation, creditor collection abuse, estate planning, contracts, real estate, and tax. Doan Law Firm… you will not find a more reliable Vista Bankruptcy Attorney anywhere else.

August 1, 2009 No Comments

One More Reason to File Chapter 7 and Not Chapter 13

Despite the Trustees, Creditors, and Courts making it very difficult to seek chapter 13 relief, Congress seems to have provided one more reason to seek chapter 7 relief instead of chapter 13 relief: Debt Limits. Thats right. Unless you qualify within the debt limits, you are prohibited from filing for chapter 13 relief to save your home and should seek chapter 7 relief instead. Ironically, Bankruptcy Laws are now promoting foreclosure rather than saving homes like they use to. Stay tuned, more on this blog to be published soon. Written by Michael G. Doan– Owner of the Carlsbad Bankruptcy Office, Michael not

July 28, 2009 No Comments

Make Sure You Do Not Pay Improper Claims in Your Bankruptcy

A recent decision by the 10th Circuit Court of Appeals now provides authority to disallow proof of claims that fail to contain supporting documentation. Stay tuned, more on this blog to be published soon. Written by Michael G. Doan– Owner of the Carlsbad Bankruptcy Attorney office, Michael not only manages his business, but is also a highly skilled Bankruptcy Attorney with over 17 years of experience. He specializes in many fields, such as: insolvency, bankruptcy, consumer rights, debt negotiation, creditor collection abuse, estate planning, contracts, real estate, and tax. Michael is currently concentrating his practice solely in Bankruptcy Law and is a Board Certified Specialist

July 17, 2009 No Comments

San Diego Court Allows Student Loans to be Wiped Out in Chapter 13 Bankruptcy

Recently, the District Court located in San Diego ruled that a student loan was discharged in a Chapter 13 Bankruptcy. In that case over $75,000 in student loans were eliminated and the debtor was entitled to a refund of payments made after discharge! Moreover, the debtor did nothing out of the ordinary to eliminate the student loan, which was automatically eliminated simply by a plan provision and discharge. Stay tuned, more on this blog to be published soon. Written by Michael G. Doan– Owner of the Carlsbad Bankruptcy Attorney‘s office, Michael not only manages his business, but is also a highly skilled

June 24, 2009 No Comments

San Diego Bankruptcy Court Allows Lien Stripping in Chapter 20 Case.

On June 2, 2009, a decision came out in the Southern District of California Bankruptcy Court in San Diego that allowed a subsequent Chapter 13 Bankruptcy Case to be filed to remove a second mortgage, even though the debtor recently filed for Chapter 7 protection and was no longer entitled to a discharge. Stay tuned, more on this blog to be published soon. Written by Michael G. Doan– Owner of the Carlsbad Bankruptcy Attorney‘s office, Michael not only manages his business, but is also a highly skilled San Diego Bankruptcy Attorney with over 17 years of experience. He specializes in many fields,

June 22, 2009 No Comments

Another 90 Days Added to Foreclosures

On June 15, 2009, new legislation went into effect that could extend the foreclosure process by an additional 90 days. Stay tuned, more on this blog to be published soon. Written by Michael G. Doan- Owner of the Carlsbad Bankruptcy office, Michael not only manages his business, but is also a highly skilled San Diego Bankruptcy Attorney with over 17 years of experience. He specializes in many fields, such as: insolvency, bankruptcy, consumer rights, debt negotiation, creditor collection abuse, estate planning, contracts, real estate, and tax. Michael is currently concentrating his practice solely in Bankruptcy Law and is a Board Certified

June 22, 2009 No Comments

HOA Dues After Bankruptcy in California

The new bankruptcy laws that passed in October, 2005, have created an exception to discharge of HOA fees that accrue after the bankruptcy case is filed until the title and possession of the property transfers. While its tough to escape this liability, there are ways to minimize its effects. Stay tuned, more on this blog to be published soon. Written by Michael G. Doan– Owner of the Carlsbad Bankruptcy Attorney’s office, Michael not only manages his business, but is also a highly skilled Bankruptcy Attorney with over 17 years of experience. He specializes in many fields, such as: insolvency, bankruptcy, consumer rights, debt

May 16, 2009 No Comments

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Strict Liability for Stay Violations?

Ninth Rules No More Ownership Expenses Allowed on Debt-Free Vehicles.

How to Resolve Relief of Stay With An Adequate Protection Order:

Inequitable Divorce Settlement and Filing Bankruptcy?

One More Reason to File Chapter 7 and Not Chapter 13

Make Sure You Do Not Pay Improper Claims in Your Bankruptcy

San Diego Court Allows Student Loans to be Wiped Out in Chapter 13 Bankruptcy

San Diego Bankruptcy Court Allows Lien Stripping in Chapter 20 Case.

Another 90 Days Added to Foreclosures

HOA Dues After Bankruptcy in California

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