By Michael Doan on May 11, 2008 in Bankruptcy Practice and Procedure, Discharge Violations, Lawyer to Lawyer | 0 Comments
So you got a discharge, none of your assets were taken, and now you want to pursue a previous creditor for collection violations which occurred prior to filing. Maybe there was an FDCPA or other state UDAP claim. Can you do it? Yes, as long as you listed those claims on your schedules [...]
Popularity: 6% [?]
By Michael Doan on May 11, 2008 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Choosing Bankruptcy Attorney, General Bankruptcy Information, Role Of The Lawyer | 1 Comment
For most people, the decision to consult a bankruptcy attorney seems to be the most difficult part of the bankruptcy filing process. But talk to anyone 6 months after filing and they will usually tell you that that decision to file was one of the best decisions they made in their life.
If you liked [...]
Popularity: 10% [?]
By Michael Doan on May 4, 2008 in Bankruptcy Myths, Bankruptcy Practice and Procedure, Benefits of Bankruptcy, Chapter 11 Bankruptcy, Chapter 12 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Credit Cards, General Bankruptcy Information, Life After Bankruptcy, Reaffirmation of Debts | 1 Comment
When you file for Bankruptcy, what do you do if you want to keep some credit cards? Hide them from your attorney? NO! Such “Bankruptcy Fraud” is not worth 5 years in jail and/or 1/2 million dollar fine! Instead, it depends.
If you liked that post, then try these…The 2005 Bankruptcy Act: Bankruptcy [...]
Popularity: 27% [?]
By Michael Doan on May 4, 2008 in Bankruptcy Myths, Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Protection, General Bankruptcy Information, Life After Bankruptcy, Role Of The Lawyer, Venue and Qualifications | 1 Comment
There is no limit on the number of bankruptcy cases that one may file. In fact, there is no limit in between time frames to file bankruptcy. Nevertheless, if sufficient time between filings does not take place, you may be not be eligible for “discharge.”
If you liked that post, then try these…When Do [...]
Popularity: 22% [?]
By Michael Doan on Apr 27, 2008 in Bankruptcy Legislation, Bankruptcy Practice and Procedure, California, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Protection, Discharge, What Can and Cannot Be Forgiven, General Bankruptcy Information, Protecting Assets In Bankruptcy, Surrendering Property | 0 Comments
Maybe. It depends. Do you owe the IRS any prior monies? Can you claim the monies due to you as exempt?
Popularity: 35% [?]
Popularity: 35% [?]
By Michael Doan on Apr 27, 2008 in Bankruptcy Practice and Procedure, California, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, Personal Property, Protecting Assets In Bankruptcy, Surrendering Property | Comments Off
Technically speaking, once you file for bankruptcy, all your property is no longer yours. Instead it is now part of a new entity called the Bankruptcy Estate, pursuant to 11 USC 522. Nevertheless, in most cases, it goes back to you relatively quickly.
In chapter 7, all your property comprises the bankruptcy estate until one of [...]
Popularity: 29% [?]
By Michael Doan on Apr 20, 2008 in Bankruptcy Practice and Procedure, California, Consumer Protection, Debt Collector Abuses, General Bankruptcy Information | 0 Comments
Many creditors have been improperly publishing confidential information about debtors in proof of claims in response to chapter 13 cases over the years. Recently, many debtors’ attorneys have been moving the Bankruptcy Court to restrict this information. Now, the Bankruptcy Court for the Southern District of California has taken this one step further!
If you liked [...]
Popularity: 18% [?]
By Michael Doan on Apr 20, 2008 in Bankruptcy Legislation, Bankruptcy Practice and Procedure, Chapter 7 Bankruptcy, Debt Collector Abuses, Discharge Violations, General Bankruptcy Information, Lawyer to Lawyer, Life After Bankruptcy, Reaffirmation of Debts, Redemption of Assets, Surrendering Property | 1 Comment
Recently, the Bankruptcy Appellate Panel ruled that ride-through no longer existed in light of the recent changes to the Bankruptcy Code under BAPCPA. Nevertheless, they entirely ignored my 11 USC 365(e) argument and it’s presently before the Ninth Circuit Court of Appeals.
Popularity: 33% [?]
Popularity: 33% [?]
By Michael Doan on Apr 13, 2008 in Bankruptcy Practice and Procedure, California, Chapter 11 Bankruptcy, Chapter 12 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information | 1 Comment
Trustees, the US Trustee, and the Court can be a stickler when it comes to dates, and its not uncommon for your hearing to be continued as a result. Hopefully, after reading this Blog, no one will ever have a continued hearing as a result of incorrect dates again.
If you liked that post, then try [...]
Popularity: 22% [?]
By Michael Doan on Apr 13, 2008 in Bankruptcy Myths, Bankruptcy Practice and Procedure, California, Chapter 7 Bankruptcy, General Bankruptcy Information | 1 Comment
So you did all that work to prepare your case and file for Chapter 7. Likewise, your attorney charged you $1000 to $5000 to help you get all the forms correct and represent you in the matter. So after about 20 to 30 hours later, there are now about 30 to 45 pages of documents [...]
Popularity: 19% [?]
