Wage garnishment. If I were to guess what the number one thing that pushes people past the tipping point of thinking about filing bankruptcy to actually calling me up and moving things forward, I would say it is wage garnishment. Before a creditor tries to garnish your wages there isn’t a whole lot the creditor can do. They may call you on the phone and leave you a few snotty messages. But in the end, until they sue you and get a judgment against you they can’t garnish your paycheck. [...]
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 [...]
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 [...]
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 [...]
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. [...]
Things have been bad for a long time. Here in Arizona bankruptcy filings have been near 40,000 per year for several years. However, this year things seem to be improving. Bankruptcy filings are down – significantly. That means one of two things is happening: (1) things are getting better; and/or (2) a large number of people have already filed for bankruptcy and don’t qualify to file again right now! It is probably a combination of both. An improving economy can impact your bankruptcy case. Here are a few ways that [...]
In the grand scheme of things most would consider this a lose/lose situation. I mean, who really want’s to file for bankruptcy. No one. That’s who. But if you find yourself in the position of needing to file bankruptcy one of the first questions you will likely have is which type or chapter of bankruptcy should you file? As with most things in the law – it depends. I can tell you why you should file one chapter of bankruptcy over the other. I can also tell you which one [...]
How soon we forget. Just yesterday I was flipping through a magazine and I saw an ad by a credit union that was offering to help you pay off your credit card debt with a Home Equity Line of Credit (HELOC). Here in Arizona we are just starting to climb out of the huge economic mess that was the last five years, but there it was, someone wanting you to pay off credit cards by taking out a loan on your house. I guess it is a good sign that [...]
If you have been in an car accident or injured and now have a claim against the person who did the injuring (is that a word??), then what happens to this claim if you file for bankruptcy here in the great State of Arizona? Well, it will all depend on whether you were injured before or after your bankruptcy was filed and whether you are filing a chapter 7 or a chapter 13 bankruptcy case. If you were injured in a car accident that happened before your bankruptcy case was [...]