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Great Decision on 2923.6

Great Decision on 2923.6 Recently, a Ventura Judge denied a request to dismiss a lawsuit under 2923.6 which requires lenders to modify mortgages.  The transcript of that ruling can be found Stay tuned, more on this blog to be published soon. Michael G. Doan- Mr. Doan practices on the cutting edge of bankruptcy law, and was the first attorney in the entire Southern District of California to file the very first Chapter 7 Bankruptcy and very first Chapter 13 Bankruptcy under the new Bankruptcy Laws which went into effect on October 17, 2005. Written by Michael G. Doan–  Owner of the Oceanside Bankruptcy

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Possibly No Cram Down Legislation?

Legislation to allow Judicial modificaiton of mortgages in Bankruptcy seemed like almost a done deal in February, 09.  Now it seems the opposite may ensue.  If this is the case, the housing market will surely not stabalize for quite some time.  Below is an excerpt from CQ Today on April 22, 2009:

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New Bankruptcy Laws for San Diego: Mortgage Modification AKA “Cram Down”

New Bankruptcy Laws may soon go into effect to provide much needed and over due relief for San Diegan’s upside down on their residences.  Last week, legislation cleared the House and is on its way to the Senate. 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 Southern California 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,

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Bankruptcy Payments in San Diego Chapter 13 Cases:

Clients are often confused as to exactly how much money they need to pay into their chapter 13 plan before they receive a discharge, and for good reason. Calculating the total “pot” that needs to be paid in the chapter 13 plan for discharge involves many different variables:Type of Debt in the Bankruptcy, Results of the Artificial B22 Income Calculation, Actual Comparison of Income vs Expenses, Objections by the Trustee and Creditors, etc. 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

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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!

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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

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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

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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: 

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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

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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.