Dauna Kaye McPherson

Dedicated Advocate | Strategic Litigator | Client-Focused Counsel

Dauna McPherson is a results-driven attorney with a strong commitment to protecting the rights and interests of her clients. With a background in family law, litigation, personal injury, bankruptcy, and business law, Dauna brings a powerful combination of legal insight, strategic thinking, and compassionate advocacy to every case.

Known for her meticulous preparation, courtroom confidence, and straightforward communication style, Dauna has successfully represented individuals and businesses in complex legal matters. She takes pride in helping clients navigate challenging legal landscapes with clarity, integrity, and a focus on achieving the best possible outcomes.

Dauna earned her Juris Doctor from Temple University Beasley School of Law and is licensed to practice in the state and federal jurisdictions of Florida and Texas. She continues to expand her legal knowledge through ongoing education and remains active in professional legal associations.

When she's not in the courtroom or advising clients, Dauna is a passionate advocate for justice, community involvement, and empowering others through knowledge.

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Florida

The Florida Bar

ID Number: 44623

Since 2007

Bankruptcy Attorney

Allmand Law

2025 - Current

Immigration Attorney

Westcott Law

2023 - 2025

Assistant Regional Counsel

State of Florida

2008 - 2023

Temple University

J.D. (2007) | Law

2004 - 2007

Honors: Cum Laude

Florida State Bar  # 44623

Member

2007 - Current

License to Practice

Western District Federal Court of Texas

2025

License to Practice

Southern District Federal Court of Texas

2025

License to Practice

Eastern District Federal Court of Texas

2025

License to Practice

Southern District Federal Court of Florida

2018

License to Practice

Florida State Bar

2007

Q. Can I get a new payment plan if I file my car under bankruptcy?

June 11, 2025

A: Filing for bankruptcy can help you manage a car loan that’s upside down (when you owe more than the car is worth), especially if you’re behind on payments. The right type of bankruptcy depends on your specific financial situation, and each option offers different tools for negotiating or restructuring the loan.

In Chapter 7, you’re typically given three options when it comes to your car loan:

1. Reaffirm the Loan

You agree to continue paying the loan under the current terms. This lets you keep the car, but you’re still responsible for the full balance, even if it’s more than the car is worth.

2. Redeem the Car

You pay a lump sum equal to the car’s current market value, not the loan balance. This is helpful if you owe much more than it’s worth, but it requires cash up front or a redemption loan.

3. Surrender the Vehicle

You return the car and wipe out the loan balance entirely. This is often the best option when you owe far more than the car is worth and can’t afford payments.

Chapter 13 Bankruptcy: “Restructure and Reduce”

If your goal is to keep the car but make it affordable, Chapter 13 might be your best option.

It allows you to catch up on missed payments over 3–5 years, lower the loan balance (if you qualify for a “cramdown”). If you do qualify for a cram down, the claim amount is reduced to the present day value of the car and the remaining balance is treated as unsecured debt and may be discharged.

Key Considerations

1) Credit Impact: Both Chapter 7 and 13 affect your credit, but many people see a recovery within 12–24 months.

2) Income Test: Chapter 7 requires you to pass the “means test” (based on income and expenses). If you don’t qualify, Chapter 13 is the next option.

3) Loan Negotiation: Bankruptcy court has legal authority to modify or restructure debts under Chapter 13—something you usually can’t do just by negotiating directly with the lender outside of bankruptcy.

You may be able to negotiate a more affordable payment plan through bankruptcy, especially under Chapter 13. If your car loan is unaffordable and you owe more than it’s worth, speaking with a bankruptcy attorney can help you determine whether you should keep or surrender the car, if you qualify for a "cram down" and to see if Chapter 7 or 13 is the better path forward ... Read More

Q. Handling refund check for deceased sibling as executor and beneficiary

June 8, 2025

A: Since the check is made out to your deceased sibling, it is legally considered part of their estate. As the executor of the estate, you are required to handle estate assets according to probate laws and the terms of the will.

Here’s what you should do:

1. Deposit the check into the estate account.

• Because the check is in the deceased person’s name, it must first be deposited into the estate account under your authority as executor.

• You cannot legally endorse or cash it personally unless it’s reissued in your name as the executor or made payable to the estate.

2. Distribute the funds from the estate account.

• After depositing, you can then distribute the funds to yourself as the sole beneficiary, in accordance with the will and probate procedures.

If probate is closed and the estate account has been shut down, you may need to contact the issuer of the check (e.g., utility co-op, company, etc.) to request a reissued check made payable to the estate or to you in your capacity as executor. Keep records of the deposit and distribution in case of any future legal or tax questions. ... Read More

Q. Facing foreclosure due to missed payments and denied loan modification; seeking options beyond short sale.

June 3, 2025

A: Based on your situation, you still have several potential legal avenues to explore before foreclosure becomes final. Here's how a foreclosure defense or bankruptcy attorney may be able to help:

1. Foreclosure Defense

Even though your loan has been referred to the lender’s attorney, you still have rights. A foreclosure attorney can:

Review the loan modification denials to determine if your lender followed proper procedures. If they failed to consider your financial hardship adequately or violated federal or state loss mitigation laws, you may have a legal claim to delay or stop foreclosure.

Challenge the foreclosure process if the lender did not follow notice requirements or if there are inaccuracies in how the default was handled.

Negotiate directly with the lender for an alternative solution (such as a repayment plan, forbearance, or reinstatement) while defending you in the foreclosure process.

2. Bankruptcy as a Strategic Option

Bankruptcy isn’t just a last resort—it can be a powerful legal tool, especially under these circumstances:

Chapter 13 bankruptcy could allow you to stop the foreclosure process immediately through the automatic stay and create a 3- to 5-year repayment plan to catch up on missed mortgage payments.

Chapter 7 bankruptcy may delay foreclosure temporarily and discharge other debts, which could free up income to address your mortgage.

A lawyer can evaluate if you qualify and whether it’s in your best interest based on your income, assets, and overall debt.

3. Other Alternatives

An experienced attorney may also help you explore:

Reinstatement: Paying the amount you’re behind (possibly with help from community assistance programs or family) before the foreclosure sale.

Deed in Lieu of Foreclosure: Transferring the property to the lender to satisfy the debt without going through a public sale—often less damaging to your credit than foreclosure.

Litigation for Servicer Misconduct: If your lender acted in bad faith (e.g., approving a modification then offering no alternatives after your uncle passed), legal action may be possible.

Next Steps

Time is critical now that your loan has been sent to foreclosure counsel. You should:

Consult a foreclosure or bankruptcy attorney immediately to preserve your rights.

Gather all your documentation, including emails, denial letters, modification applications, and notices received.

Stay alert for legal notices—especially anything from a court or process server.

Bottom Line:

You are not out of options. A qualified attorney can often slow down or stop the foreclosure, negotiate new terms, or explore bankruptcy to protect your home and financial future. A short sale may be one option—but it’s not your only one. ... Read More