Stephen Nathan Doan’s Answers

Stephen Nathan Doan

San Clemente Bankruptcy Attorney.

Contributor Level 15
  1. Discharged Chapter 7 Bankruptcy in California.

    Answered over 2 years ago.

    1. Stephen Nathan Doan
    2. Derek R. Caldwell
    3. Steven Anderson Leahy
    4. John Addison Vos
    4 lawyer answers

    Once you have obtained your bankruptcy discharge you are precluded from reaffirming the debt since it has now been discharged. Under some circumstances, you may be able to have the discharge revoked as to the specific creditor for the purpose of entering into a reaffirmation agreement. However, you do NOT want to reaffirm a mortgage, especially in today's market. The original terms of your mortgage are still in effect, and as long as you continue your obligations under the note the...

    11 lawyers agreed with this answer

  2. I got a settlement for lost wages and personal injury for pain & suffering.Can the trustee take the money. It took three years

    Answered over 1 year ago.

    1. Stephen Nathan Doan
    2. Thomas A McAvity
    3. David J. McCormick
    4. Robert Bruce Kopelson
    5. Joseph Scott Wantland
    6. ···
    6 lawyer answers

    This will depend on what exemptions you are entitled to and what the local practice is in your area. You should raise these questions with your bankruptcy attorney who filed your case as that individual will be most familiar with your case. If you do not have an attorney, you should consult with an experienced competent attorney in your area. Best wishes, Steve Doan steve@doanlawfirm.com - doanlawfirm.com

    11 lawyers agreed with this answer

  3. How do we surrender our home while in chapter 13, without filing a chapter 7

    Answered over 2 years ago.

    1. Dorothy G Bunce
    2. Stephen Nathan Doan
    3. Marc Gregory Wagman
    3 lawyer answers

    It's difficult to answer your question without being familiar with the facts surrounding your case. If you are in a pending 13, your attorney should be able to give you advise on how to surrender the house given your circumstances. Keep in mind if you do surrender your home while in a pending 13, this could result in a higher dividend going to your unsecured creditors (since you are no longer paying a mortgage, mortgage arrears, homeowners insurance, hoa dues, etc). Best Wishes, Steve...

    11 lawyers agreed with this answer

  4. On you tube i watched this video by antibrainwash -If you can't PAY for anything Accept it "For Value" and DISCHARGE your DEBTS!

    Answered over 2 years ago.

    1. Susan Kathryn Ashabraner
    2. Stephen Nathan Doan
    3. Richard Scott Lysle
    4. Tom Arany
    5. Michael Charles Doland
    6. ···
    6 lawyer answers

    Your question is a bit vague. Any company claiming they can eliminate your debt through non-legal means is suspect. You should consult with an experienced bankruptcy attorney to see if you qualify for a fresh start. Under some circumstances, even income taxes may be potentially discharged. Best Wishes, Steve Doan, Esq

    9 lawyers agreed with this answer

  5. In chapter 7, do I still need to list a vehicle that as repossessed over 3 years ago on my Statement of Financial Affairs?

    Answered over 2 years ago.

    1. William James Waters
    2. Stephen Nathan Doan
    3. Dorothy G Bunce
    4. Scot J Eliot
    5. Steven Anderson Leahy
    6. ···
    6 lawyer answers

    You would not need to list the repo on Sofa 4b. If the creditor has filed suit against you on the deficiency within a year of filing, you would need to list on Sofa 4a. I strongly recommend that you retain an experienced bankruptcy attorney. The majority of pro se bankruptcies I have come across have gone quite sour. Best Wishes, Steve Doan, Esq 888-Doan-Law steve@doanlawfirm.com www.doanlawfirm.com

    9 lawyers agreed with this answer

  6. BK?

    Answered over 2 years ago.

    1. Mark Markus
    2. Stephen Nathan Doan
    3. John Addison Vos
    4. Steven Anderson Leahy
    5. Jason C Tatman
    6. ···
    6 lawyer answers

    If you filed bankruptcy, did not reaffirm the debt, and obtained a discharge, then the mortgage debt was discharged. Lien avoidance is inapplicable since you no longer own the home. Statement of intent has no legal binding, it is a courtesy notice to your creditors. Please see prior answers that were addressed to you as well in other questions you have posed. Best Wishes, Steve Doan, Esq

    8 lawyers agreed with this answer

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  7. Can I sell my property after Ch 7 discharge and am I obligated to pay the HELOC in addition to the first mortgage if I sell it?

    Answered over 2 years ago.

    1. Stephen Nathan Doan
    2. Tom Arany
    3. Nathan E. Burdsal
    4. Daniel Mark Press
    5. Clayton Woodrow Cook-Mowery
    5 lawyer answers

    You can not sell a property without paying the liens that are against the property. You may be able to "short sale" the property if the liens exceed the fair market value of the property,however, you will need to obtain lender permission in order to do the same. Though you discharged the debt personally, the liens remain valid. Best Wishes, Steve Doan, Esq

    10 lawyers agreed with this answer

  8. Can we take a withdrawal from 401k during Chapter 13?

    Answered over 1 year ago.

    1. Stephen Nathan Doan
    2. Brian Crozier Whitaker
    3. Michael Raymond Daymude
    4. Dorothy G Bunce
    5. Matthew Erik Johnson
    5 lawyer answers

    I agree with Attorney Bunce. You should consult with your attorney for your 13, they would be most familiar with your case. Steve Doan

    8 lawyers agreed with this answer

  9. I think I took out CC in the company name. Company out of business. Still balance of $7k, Am I responsible?

    Answered over 2 years ago.

    1. Stephen Nathan Doan
    2. Michael A. Goldstein
    3. Arthur Harold Geffen
    4. Christopher W. Vaughn-Martel
    5. Erik Hammarlund
    5 lawyer answers

    Whether or not the debt is being reported to the bureaus has no bearing on whether you are liable under the account. If you signed a personal guarantee or personally signed for the account then you are potentially liable for the account. Request a copy of the contract and review the same to see who signed the agreement. Best Wishes, Steve Doan, Esq.

    Selected as best answer

  10. I am a low-income person and trying to file the docs for bankr ch 7 by myself. If someone would be so kind to answer question:

    Answered over 2 years ago.

    1. Derek R. Caldwell
    2. Stephen Nathan Doan
    3. Russell Baird Adams III
    3 lawyer answers

    You should list the original creditor, any collection companies and/or attorneys who have handled that account. The more you disclose and the more notice you give the better. I strongly recommend that you do not attempt to file a bankruptcy on your own. You could end up paying double/triple what an otherwise competent attorney would have charged you if you run into trouble. Contact the local bar association where you live and see if they have any pro bono programs that you may...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful