If you are needing to file a chapter 7 bankruptcy here in Arizona you will be required to attend one court hearing known as the Meeting of Creditors.  Sometimes this meeting is simply called the “341″ meeting – with “341″ referring to the section of the bankruptcy code that authorizes this meeting. Anytime you are required to appear in court it is going to make you a little uneasy.  I always tell my clients that there is nothing to worry about when it comes to your Meeting of Creditors (easy [...]

Being sued by Midland Funding – or any junk debt buyer for that matter – can be a scary experience.  The big stack of documents dropped off by the process server look official and you may be thinking to yourself that there is no way you can win your case.   Before you throw in the towel, let me walk you through one of the major keys to winning your case against Midland Funding. The hearsay rule. If you are like most, you have watched your fair share of courtroom [...]

Probably half a dozen times per week I meet with someone who has been notified that their next check is going to be a quite a bit lighter – wage garnishment.  If you are living paycheck to paycheck finding out your wages are going to be garnished is terrifying. Here in Arizona once a creditor obtains a judgment against you they can take up to 25% of your paycheck. And what is most surprising is that for many of the people I meet with this is the first time they [...]

If you have read my blog at all you have likely read my mantra that “no body wants to file for bankruptcy”.  Sometimes it is just flat out necessary.  But how do you know if bankruptcy is the right choice? On more than one occasion I have met with families where they are bound and determined to file for bankruptcy when bankruptcy clearly is not a good option.  The opposite is also true.  Some people want to avoid bankruptcy at all costs when in reality there isn’t any other option [...]

Today was a pretty exciting day…if you are a bankruptcy attorney in Arizona.  In fact, if you are needing to file bankruptcy and you live in the great state of Arizona you should be excited as well.  Or at a minimum slightly interested in what the Arizona legislature did. They raised the exemption limits.  When we strip it all away what this means for people in Arizona who are going through the bankruptcy process is that they will be able to keep more of their stuff as they go through [...]

If you have been sued by one of the debt buyers, Midland Funding, Portfolio Recovery, LVNV Funding, you may have felt intimidated not only by the debt collection process but by the fact that you are dealing with a large company who is represented by an attorney.  Many people are so intimidated that they make agreements or accept liability on a debt even though the debt buyer hasn’t provided any proof that they actually own the debt they are suing you on. There are a lot of websites that will [...]

I, like most bankruptcy attorneys here in Arizona, offer a free consultation for those wanting to learn more about the process of filing a chapter 7 bankruptcy.  The bankruptcy consultation is a great time for you to understand the basics of what is involved in a chapter 7 filing and what you can expect from the bankruptcy process. Often when people come in for the consultation I can tell they are stressed out, nervous, angry, depressed, etc. and I can tell that they aren’t absorbing very much of what I [...]

It has been a long time since I released an episode of the Consumer Warrior Podcast!  I began this podcast about a year ago in connection with my Consumer Warrior website.  My goal was to provide some valuable information for people that didn’t need or couldn’t afford an attorney.  As time went on it was clear that I was just doubling up on my efforts between that site and the Skiba Law Group website. So, I have decided to combine the two and my plan is provide not only a [...]

Is bankruptcy a simple process here in Arizona?  Depends.  Often when I meet with people they will tell me that they have a very easy bankruptcy case for me.  Over the years my experience has taught me to become skeptical – because rarely is there such a thing as an easy bankruptcy. Some bankruptcy cases are definitely more complex than others, but all bankruptcy cases have issues that must be addressed in order for the process to go smoothly. Not only that but each bankruptcy cases is assigned a trustee. [...]