Category: Bankruptcy Practice and Procedure
By Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney
closeAuthor: Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney
Name: Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney
Email: kcbankruptcy@gmail.com
Site: http://www.kcbankruptcy.com
About: Former Bankruptcy Attorney to the Kansas City UAW: Ford and GM workers, now assisting the general public in Missouri and Kansas with regaining financial control using the Bankruptcy Code. 816-472-HELP (4357).See Authors Posts (88) on Oct 23, 2009 in Bankruptcy Practice and Procedure | 0 Comments
If you are sitting in jail wondering if you can file bankruptcy then your search is over. The answer is yes if you otherwise qualify for bankruptcy relief under the code. Just because you are sitting behind bars does not prevent you from accessing the Bankruptcy Court. Depending of where you are located will depend [...]
By Cathy Moran, California Bankruptcy Lawyer
closeAuthor: Cathy Moran, California Bankruptcy Lawyer
Name: Cathy Moran, California Bankruptcy Lawyer
Email: cathymoran@gmail.com
Site: http://www.moranlaw.net
About: I'm a certified specialist in bankruptcy law (California State Bar Board of Legal Specialization) practicing in the San Francisco Bay Area for over 25 years. My proudest professional accomplishment is authorship of Bankruptcy in Brief at www.moranlaw.net, perhaps the web's most comprehensive web site on bankruptcy basics.See Authors Posts (153) on Oct 23, 2009 in Bankruptcy Practice and Procedure, Exemptions In Bankruptcy | 0 Comments
The law that defines what you can keep despite filing bankruptcy is found in law books, you’d think. There are two alternate sets of California exemptions in the Code of Civil Procedure. The state law exemptions, for instance, permit the debtor to keep $2550 in equity in vehicles, while the California bankruptcy exemptions allow $3300.
But [...]
By Michael G. Doan, San Diego Bankruptcy Attorney
closeAuthor: Michael G. Doan, San Diego Bankruptcy Attorney
Name: Michael Doan
Email: mike@doanlaw.com
Site: http://www.doanlaw.com
About: Helping consumers in the following counties of California: San Diego, Imperial, Orange, Riverside, San Bernardino, Los Angeles, and Ventura. Call (800) 380-DOAN or visit my website at doanlaw.com to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.
San Diego Bankruptcy Attorney Michael G. Doan graduated from the University of San Diego with a Bachelor of Accountancy, earning departmental honors. He then entered California Western School of Law, earning his Jurist Doctorate.
Michael is admitted to the State Bar of California, the American Bar Association, as well as the San Diego County Bar Association and the North County Bar Association.
Other professional affiliations include:
National Bankruptcy Institute
Association of Trial Lawyers of America
Consumer Attorneys of San Diego
National Association of Consumer Bankruptcy Attorneys
American Bankruptcy Institute
North County Attorney Referral Service
and The San Diego County Attorney Referral Service
Michael is admitted to practice law in the Supreme Court of California, all Federal Courts of Appeals for the Ninth Circuit, and all Federal District Courts in the Southern and Central Districts of California.
He is a skilled Bankruptcy attorney with twelve years experience practicing in the fields of real estate, bankruptcy, personal injury, estate planning, contracts, worker's compensation, and tax and debt negotiation.
He is also a licensed Mortgage Broker and Realtor with membership in the San Diego Association of Realtors and President of a full-service real estate company, First Platinum Properties.
Currently, 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 eight such attorneys in all of California.
To date, he has filed over 5,000 consumer bankruptcy cases. He has also has been published in both the Ninth Circuit Court of Appeals and the Ninth Circuit Bankruptcy Appellate Panel.
Mr. Doan also practices bankruptcy on the cutting edge, being the first attorney in the Southern District of California to file the first Chapter 7 Bankruptcy and Chapter 13 Bankruptcy under the new Bankruptcy Laws.
Michael G. Doan has successfully completed The American Board of Certification requirements for national certification in consumer bankruptcy law.
To become certified, Southern California Bankruptcy Attorney Micheal G. Doan satisfied the following requirements:
Full time practice of law for at least five years
Documented involvement in consumer bankruptcy by providing information on cases practiced
Demonstrated commitment to continuing legal education by earning at least 60 hours of bankruptcy education in the past three years
Passed an extensive, day-long written examination covering consumer bankruptcy issues
The American Board of Certification is a non-profit organization dedicated to serving the public and improving the quality of the bankruptcy bar. The rigorous certification standards are designed to encourage bankruptcy practitioners to strive toward excellence and to recognize those attorneys who are experts in the bankruptcy field. The certification program is accredited by the American Bar Association.
The American Board of Certification is co-sponsored by the American Bankruptcy Institute and the Commercial Law League of America. The ABC Board of Directors consists of many of the nation's finest bankruptcy and creditors' rights lawyers, former judges, and law professors.
mike@doanlaw.com
2850 Pio Pico Drive, Suite D
Carlsbad, CA 92008
phone: 760.450.3333
fax: 760.720.6082
(800) 380-DOAN
www.doanlaw.comSee Authors Posts (120) on Oct 19, 2009 in Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, General Bankruptcy Information | 0 Comments
On October 5th, 2009, the Ninth Circuit Bankruptcy Appellate Panel (BAP) published its decision in In re Martinez, wherein it concluded that debtors who strip junior liens off mortgages are not entitled to deduct those payments from the chapter 13 projected disposable income test. While the decision was ordered published, the 3 judge panel disagreed with each [...]
By Douglas Jacobs, California Bankruptcy Attorney
closeAuthor: Douglas Jacobs, California Bankruptcy Attorney
Name: Douglas Jacobs, California Bankruptcy Attorney
Email: djacobs@jacobsanderson.com
Site: http://www.chicoattorney.com
About: Helping consumers in the following counties of California: Butte; Glenn; Tehama; Colusa; Yuba; Sutter; Plumas; Shasta; Lassen; Nevada; Placer and Sacramento. Call 530-342-6144 or visit my website to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call."See Authors Posts (133) on Oct 15, 2009 in Bankruptcy Practice and Procedure | 0 Comments
Must You Have A Lawyer To File Bankruptcy?
Certainly not! You have the absolute right to represent yourself. But, the better question is: “Should you have a lawyer to file bankruptcy?”
Let’s make a list of the pros and cons to have an attorney, starting with all of the reasons not to have one:
1. An attorney will [...]
By Michael G. Doan, San Diego Bankruptcy Attorney
closeAuthor: Michael G. Doan, San Diego Bankruptcy Attorney
Name: Michael Doan
Email: mike@doanlaw.com
Site: http://www.doanlaw.com
About: Helping consumers in the following counties of California: San Diego, Imperial, Orange, Riverside, San Bernardino, Los Angeles, and Ventura. Call (800) 380-DOAN or visit my website at doanlaw.com to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.
San Diego Bankruptcy Attorney Michael G. Doan graduated from the University of San Diego with a Bachelor of Accountancy, earning departmental honors. He then entered California Western School of Law, earning his Jurist Doctorate.
Michael is admitted to the State Bar of California, the American Bar Association, as well as the San Diego County Bar Association and the North County Bar Association.
Other professional affiliations include:
National Bankruptcy Institute
Association of Trial Lawyers of America
Consumer Attorneys of San Diego
National Association of Consumer Bankruptcy Attorneys
American Bankruptcy Institute
North County Attorney Referral Service
and The San Diego County Attorney Referral Service
Michael is admitted to practice law in the Supreme Court of California, all Federal Courts of Appeals for the Ninth Circuit, and all Federal District Courts in the Southern and Central Districts of California.
He is a skilled Bankruptcy attorney with twelve years experience practicing in the fields of real estate, bankruptcy, personal injury, estate planning, contracts, worker's compensation, and tax and debt negotiation.
He is also a licensed Mortgage Broker and Realtor with membership in the San Diego Association of Realtors and President of a full-service real estate company, First Platinum Properties.
Currently, 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 eight such attorneys in all of California.
To date, he has filed over 5,000 consumer bankruptcy cases. He has also has been published in both the Ninth Circuit Court of Appeals and the Ninth Circuit Bankruptcy Appellate Panel.
Mr. Doan also practices bankruptcy on the cutting edge, being the first attorney in the Southern District of California to file the first Chapter 7 Bankruptcy and Chapter 13 Bankruptcy under the new Bankruptcy Laws.
Michael G. Doan has successfully completed The American Board of Certification requirements for national certification in consumer bankruptcy law.
To become certified, Southern California Bankruptcy Attorney Micheal G. Doan satisfied the following requirements:
Full time practice of law for at least five years
Documented involvement in consumer bankruptcy by providing information on cases practiced
Demonstrated commitment to continuing legal education by earning at least 60 hours of bankruptcy education in the past three years
Passed an extensive, day-long written examination covering consumer bankruptcy issues
The American Board of Certification is a non-profit organization dedicated to serving the public and improving the quality of the bankruptcy bar. The rigorous certification standards are designed to encourage bankruptcy practitioners to strive toward excellence and to recognize those attorneys who are experts in the bankruptcy field. The certification program is accredited by the American Bar Association.
The American Board of Certification is co-sponsored by the American Bankruptcy Institute and the Commercial Law League of America. The ABC Board of Directors consists of many of the nation's finest bankruptcy and creditors' rights lawyers, former judges, and law professors.
mike@doanlaw.com
2850 Pio Pico Drive, Suite D
Carlsbad, CA 92008
phone: 760.450.3333
fax: 760.720.6082
(800) 380-DOAN
www.doanlaw.comSee Authors Posts (120) on Oct 15, 2009 in Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information | 0 Comments
If a creditor files a proof of claim in a Bankruptcy Proceeding, it is deemed allowed unless you or another interested party objects. So what does “allowed” mean and what are its ramifications?
By Kevin Gipson, New Orleans Bankruptcy Attorney
closeAuthor: Kevin Gipson, New Orleans Bankruptcy Attorney
Name: Kevin Gipson, New Orleans Bankruptcy Attorney
Email: gipsonk@gmail.com
Site: http://www.kevingipson.com
About: Kevin Gipson is a consumer bankruptcy law attorney practicing in the Greater New Orleans area. He has been representing consumer debtors for over 22 years.
He is licensed to practice in all state and federal courts in the State of Louisiana.
Kevin is a sole practitioner so you know that your debt matters are being handled by him personally.
He is a member of the Louisiana Bar Association, National Association of Consumer Bankruptcy Attorneys, the Bankruptcy Law Network, Credit Law Network, Debt Law Network, and Mortgage Law Network.See Authors Posts (113) on Oct 14, 2009 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy | 0 Comments
In a Chapter 13 bankruptcy the debtor proposes a Plan where he makes monthly payments of the arrearages (past due debt) to the Chapter 13 trustee.
Because money is already tight, the question I hear most often from clients is when will the first Chapter 13 Plan payment due?
The general rule is found in the Bankruptcy Code, 11 U.S.C. [...]
By David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney
closeAuthor: David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney
Name: David Leibowitz
Email: dleibowitz@lakelaw.com
Site: http://www.lakelaw.com
About: David Leibowitz holds a B. A. in Economics from Northwestern University and received his J.D., cum laude, from Loyola University of Chicago School of Law where he also served as Note Editor of the law review. Admitted to the Illinois and Wisconsin bars, he is the managing member of Lakelaw, an interstate law firm with offices in Chicago, Skokie and Waukegan in Illinois and Kenosha and La Crosse in Wisconsin.
He is nationally recognized for his work in identifying and pursuing mortgage related claims in the context of bankruptcy. He is presently writing "Leibowitz' Guide to Mortgage Modifications" to be published shortly after Congress amends the Bankruptcy Code. David is a member of both the Illinois and Wisconsin bars and has practiced in bankruptcy courts throughout the country. He is a member of the American Bankruptcy Institute where he is the Special Projects Coordinator for the Commercial Fraud Task Force and a frequent contributor to the ABI Journal. He is also a member of the National Association of Bankruptcy Trustees, the National Association of Consumer Bankruptcy Attorneys and numerous state and local bar associations. He is Board Certified by the American Board of Certification in both Consumer Bankruptcy Law and Business Bankruptcy Law.See Authors Posts (56) on Oct 11, 2009 in Bankruptcy Practice and Procedure, Chapter 7 Bankruptcy, Means Testing | 0 Comments
Under the Bankruptcy Code, we calculate your “current monthly income” to see if you qualify for a chapter 7 case. Those with “current monthly income” more than the median income are presumed to be abusing the bankruptcy system if they file a chapter 7. They can “overcome” this presumption in some cases through the complex [...]
By Michael G. Doan, San Diego Bankruptcy Attorney
closeAuthor: Michael G. Doan, San Diego Bankruptcy Attorney
Name: Michael Doan
Email: mike@doanlaw.com
Site: http://www.doanlaw.com
About: Helping consumers in the following counties of California: San Diego, Imperial, Orange, Riverside, San Bernardino, Los Angeles, and Ventura. Call (800) 380-DOAN or visit my website at doanlaw.com to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.
San Diego Bankruptcy Attorney Michael G. Doan graduated from the University of San Diego with a Bachelor of Accountancy, earning departmental honors. He then entered California Western School of Law, earning his Jurist Doctorate.
Michael is admitted to the State Bar of California, the American Bar Association, as well as the San Diego County Bar Association and the North County Bar Association.
Other professional affiliations include:
National Bankruptcy Institute
Association of Trial Lawyers of America
Consumer Attorneys of San Diego
National Association of Consumer Bankruptcy Attorneys
American Bankruptcy Institute
North County Attorney Referral Service
and The San Diego County Attorney Referral Service
Michael is admitted to practice law in the Supreme Court of California, all Federal Courts of Appeals for the Ninth Circuit, and all Federal District Courts in the Southern and Central Districts of California.
He is a skilled Bankruptcy attorney with twelve years experience practicing in the fields of real estate, bankruptcy, personal injury, estate planning, contracts, worker's compensation, and tax and debt negotiation.
He is also a licensed Mortgage Broker and Realtor with membership in the San Diego Association of Realtors and President of a full-service real estate company, First Platinum Properties.
Currently, 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 eight such attorneys in all of California.
To date, he has filed over 5,000 consumer bankruptcy cases. He has also has been published in both the Ninth Circuit Court of Appeals and the Ninth Circuit Bankruptcy Appellate Panel.
Mr. Doan also practices bankruptcy on the cutting edge, being the first attorney in the Southern District of California to file the first Chapter 7 Bankruptcy and Chapter 13 Bankruptcy under the new Bankruptcy Laws.
Michael G. Doan has successfully completed The American Board of Certification requirements for national certification in consumer bankruptcy law.
To become certified, Southern California Bankruptcy Attorney Micheal G. Doan satisfied the following requirements:
Full time practice of law for at least five years
Documented involvement in consumer bankruptcy by providing information on cases practiced
Demonstrated commitment to continuing legal education by earning at least 60 hours of bankruptcy education in the past three years
Passed an extensive, day-long written examination covering consumer bankruptcy issues
The American Board of Certification is a non-profit organization dedicated to serving the public and improving the quality of the bankruptcy bar. The rigorous certification standards are designed to encourage bankruptcy practitioners to strive toward excellence and to recognize those attorneys who are experts in the bankruptcy field. The certification program is accredited by the American Bar Association.
The American Board of Certification is co-sponsored by the American Bankruptcy Institute and the Commercial Law League of America. The ABC Board of Directors consists of many of the nation's finest bankruptcy and creditors' rights lawyers, former judges, and law professors.
mike@doanlaw.com
2850 Pio Pico Drive, Suite D
Carlsbad, CA 92008
phone: 760.450.3333
fax: 760.720.6082
(800) 380-DOAN
www.doanlaw.comSee Authors Posts (120) on Oct 11, 2009 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, Your Bankruptcy Attorney & You | 0 Comments
Filing for Bankruptcy is no walk in the park. It is an extensive process, with significant document gathering and processing, in addition to research, disclosures, and sometimes multiple court and trustee hearings. Nevertheless, the more work done up front, the smoother the process will be. One such area involves compiling all the due diligence documents [...]
By Wayne Novick Ohio Bankruptcy Lawyer
closeAuthor: Wayne Novick Ohio Bankruptcy Lawyer
Name: Wayne Novick Ohio Bankruptcy Lawyer
Email: GRATEFULLAWYER@gmail.com
Site: http://www.gratefullawyer.com
About: Bankruptcy lawyer located in South Dayton.
Helping indidivuals for over 27 years.
Bringing a helpful hand to a stressful time
member of American Bankruptcy Law Forum, National Association of Consumer Bankruptcy Lawyers, Dayton Bar Association Bankruptcy Chariman.
married with 2 children
former soccer coach
DeadheadSee Authors Posts (17) on Oct 11, 2009 in Bankruptcy Myths, Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, Your Bankruptcy Attorney & You | 0 Comments
I am often asked what to I need to do to file a bankruptcy. My reply is you have taken the first step. You have contacted a bankruptcy lawyer seeking information. Only with this information can you determine if you can file bankruptcy and if bankruptcy is the right thing for you to do. I [...]
By Jeffrey Freedman, Buffalo Bankruptcy Lawyer
closeAuthor: Jeffrey Freedman, Buffalo Bankruptcy Lawyer
Name: Jeffrey Freedman, Buffalo Bankruptcy Lawyer
Email: jeffrey@jeffreyfreedman.com
Site: http://www.jeffreyfreedman.com
About: See Authors Posts (7) on Oct 7, 2009 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, General Bankruptcy Information | 0 Comments
Chapter 13 has always been an option for individuals, couples, and sole proprietors (not corporations) who are struggling financially. Since the changes to the Bankruptcy Code under BAPCPA in 2005, more people may have to opt to file Chapter 13 rather than Chapter 7.
When a debtor’s income exceeds the state’s median income, he may not [...]