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 in such actions.
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 in the future.
Many of today’s Bankruptcy Filings are much different than just 2 years ago. Many are now strategically being filed to deal with today’s housing collapse, to either save their homes, or walk away without being pursued by junior mortgages. Indeed, no one is immune. Recently, Stephen Baldwin filed for bankruptcy protection to save his home, and the number of celebrities caught in the housing crisis continues to rise. Yet a strategic bankruptcy can also provide incredible relief as well. Stay tuned, more on this blog to be published soon! Written by Michael G. Doan- Owner of the Carlsbad Bankruptcy Office, Michael
In a recent case decided 8/26/09, the Southern District Bankruptcy Court denied relief to debtors who file for chapter 13 relief due to the amount of their unsecured and secured debts. Although at first blush it appeared they qualified for relief, the Court actually ruled that certain secured real estate loans were actually unsecured as a result in the drop of housing values. 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
Often times, client are unaware that their car is secured not only by the vehicle debt, but also credit cards and other personal loans. This is very frequent with credit unions. 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 Bankruptcy Attorney with over 17 years of experience. Michael is currently concentrating his practice solely in Bankruptcy Law and is a Board Certified Specialist in Consumer Bankruptcy Law by the American Board of Certification, one of only fourteen
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
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
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?
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.
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
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.
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
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.
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.
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.
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