San Diego Foreclosure and Bankruptcy Nuances
While most foreclosures result in the inability to pursue the borrower due to the creation of a non-recourse debt, there are some exceptions and issues that arise.
February 14, 2009 No Comments
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San Diego Foreclosure: Deficiency or No Deficiency?
Every day, our firm is bombarded with questions arising over whether the lender has any recourse against the borrower if a foreclosure proceeding takes place. These questions often bring up tax issues, bankruptcy, and the 580b and 580d statutes of the California Code of Civil Procedure. Stay tuned, more on this blog to be published soon. Written by Michael G. Doan Contact a Carlsbad Bankruptcy Lawyer today!
February 14, 2009 No Comments
Latest News on Bankruptcy Mortgage Modification
Bankruptcy reform to allow modificaion of mortgages is gaining momentum. Yesterday, legislation was approved 21-15 by a US House Panel. After stalling in Congress last year, the legislation has gained traction in recent weeks due to the shift in power in Washington and the growing perception that mortgage servicers have not done enough to help strapped borrowers. House Speaker Nancy Pelosi (D, Calif.) said Thursday the measure was a “very high priority” that could move soon, possible as part of the economic stimulus legislation. More likely, it will be attached to other fast-moving legislation, such as a spending bill. To
January 28, 2009 No Comments
What is the Latest News on Cram Down (Mortgage Modification in Bankrutpcy)
It looks like the “Cram Down” Bankruptcy Reform will not be part of the economic stimulas package presently before Congress. But good news, is that President Obama will push for the Cram Down soon thereafter. Per a recent email I just received: I wanted to keep you in the loop on judicial modification, one of our legislative priorities. As some of you may already know, the judicial modification of mortgages legislation (S. 61 by Durbin, HR 200 by Conyers et al, and HR 225 by Brad Miller et al.) will NOT be part of the economic recovery package now
January 27, 2009 No Comments
Help! I received a “Trustee’s Notice of Abandonment of Property”, Am I Going to Lose My House?
Frequently, clients of our San Diego Bankruptcy Firm will come in running and screaming to our offices upon receipt of a little white piece of paper titled “Trustee’s Notice of Proposed Abandonment of Property.“ The notice is usually sent out by the Chapter 7 Trustee shortly after their bankruptcy case is filed, hence the excitement and grave concern. The pursuing dialogue usually goes something like this:
January 26, 2009 No Comments
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 form 982. Technically, sending a 1099 after discharge may also be unlawful and subject the creditor to damages. In the past, we have sued and recovered against creditors for this very conduct, so if you receive other correspondance (phone calls, bills, etc) in addition to
January 26, 2009 No Comments
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 creditor to liability. Recently, on January 12, 2009, the Ninth Circuit ruled in Gorman v. Wolpoff & Abramson, LLP, 2009 U.S. App. LEXIS 585 (9th Cir. Cal. Jan. 12, 2009), that California Civil Code 1785.25(a) may also now be used to sue creditors who continue to report
January 24, 2009 No Comments
Foreclosure and Bankruptcy: Save Your Home in California!
All too often people fail to understand how powerful a chapter 13 is when it comes to saving your home from foreclosure. Stay tuned, more on this blog to be published soon. Written by Michael G. Doan– Presently, Michael is 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 such attorneys in all of California. He owns and manages the Carlsbad Bankruptcy Attorney’s Office. Contact an Oceanside Bankruptcy Lawyer today at Doan Law Firm.
January 17, 2009 No Comments
Bankruptcy in San Diego
San Diego is on track to set a record number of bankruptcy cases filed for 2009. With the softening real estate market and struggling economy, San Diego is likely to have a higher increase in bankruptcy filings than most other bankruptcy courts across the Nation. If you are experiencing financial difficulties, you are not alone. Stay tuned, more on this blog to be published soon. Written by Michael G. Doan- Michael Doan is a member of the Doan Law Firm, which consists of Chula Vista Bankruptcy Attorney locations, Escondido Bankruptcy Attorney locations, La Mesa Bankruptcy Attorney locations, and San Diego Bankruptcy Attorney locations…just to
January 17, 2009 No Comments
I Got My Bankruptcy Discharge, But Still Cant Open A Bank Account.
Debtors frequently complain that they still can not get a new bank account, even though they received their bankruptcy discharge. This is primarily due to check reporting companies such as ChexSystems, Telecheck, and SCAN. But with a few simple steps, you can probably get a new bank account in 60 days, and/or, set up FCRA violations against the reporting agencies and Banks. Stay tuned, more on this blog to be published soon. Written by Michael G. Doan– Michael Doan is a member of the Doan Law Firm, which consists of Chula Vista Bankruptcy Attorney locations, Escondido Bankruptcy Attorney locations, La Mesa Bankruptcy
January 11, 2009 No Comments
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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.