Online Legal Services Reduce the Cost of Litigation Just as you are settling in to watch the evening news or catch up on the latest episode of Modern Family you TiVoed, you get a knock at the door and get hit with legal papers from a process server. You have officially been served. The debt that you haven’t heard from in a while and were hoping would just go away has reared its ugly head in the form of a lawsuit. When clients come into meet with me for bankruptcy [...]
Usually with my bankruptcy blog posts I go over some aspect of the bankruptcy process, however today I thought I would write on an issue that I see in nearly every bankruptcy consultation I do. Guilt. Almost everyone I meet with expresses embarrassment/disbelief/guilt over having to go through the bankruptcy process. I think much of this stems from widely held beliefs by the public in general that bankruptcy is symbol failure or someone trying to game the system. I have found the exact opposite to be true. As I sit [...]
When I meet with clients for a bankruptcy consultations it usually goes without saying that the collection calls are going non-stop. In fact, it is not unusual to have a few calls to their cell phone while they are in the bankruptcy consultation with. As I have mentioned in previous articles, when you file bankruptcy the calls will stop, as will garnishments, lawsuits, collection letters, etc. However, it is important to understand that the phone calls will generally not stop until the bankruptcy case is actually filed with the bankruptcy [...]
During the free bankruptcy consultations I offer I will regularly meet people who only have one or two delinquent debts and are otherwise in pretty good shape financially. If the debt is significant a bankruptcy may still be the best way to go, but I also explore non-bankruptcy options with the client that may resolve the issue without having to resort to a bankruptcy filing. Settling a debt is simply the process of resolving an outstanding debt, usually for an agreed upon amount that is less than what you actually [...]
Many people have the concern that they will be fired (or not hired) from their job because they have filed for bankruptcy. The Bankruptcy Code prohibits discrimination against those who have filed for bankruptcy. There are three areas where discrimination is barred: (1) Government issued licenses; (2) Employment; and (3) Student Loans. Can My License Be Suspended Because of My Bankruptcy? The short answer is no, your license cannot be suspended. The Bankruptcy Code specifically states that the government cannot deny, revoke, suspend, or refuse to issue you a new [...]
Yesterday the Arizona Republic reported that Arizona has the second highest rate of homes where the owners owe more than the home is worth. Nearly 50% of Arizona’s homes are not worth what is owed, and in Phoenix the number is 55%. The sad thing is, when I read that, my first thought was, “who are these 50% that have equity in their homes?” The article goes on to state that the average Arizona home owner has $60,000 in negative equity! This, along with high unemployment and high credit card debt is forcing many [...]
I have mentioned before that lately I am seeing more people come in for a bankruptcy consultation that have been sued by one of their credit card companies. Usually it is for smaller amounts, less than $5,000. Nothing sends more panic through a person to have the process server show up and the door one evening (they always seem to drop by late at night) and get handed a lawsuit. While receiving the lawsuit is nothing to ignore, it can help calm your nerves a little to understand the litigation [...]
It is almost a cliche, but bankruptcy, particularly Chapter 7 bankruptcy, does give you a fresh start. You will emerge from your Chapter 7 bankruptcy case with no credit card debt, no medical bills, no lawsuits. It is a time for you to start over, rebuild your credit, your financial life, and a great time to start implementing sound financial habits in moving forward. Learning to properly budget money is a valuable tool for anyone and can be particularly powerful for those who recently have gone through the bankruptcy process. [...]
Arizona’s economy is continuing to struggle, and so when I meet with people for a bankruptcy consultation it is not unusual to learn that they are in the process of leaving Arizona to find work someplace else. This leads to the question of whether it is necessary to live in Arizona (or remaining living in Arizona) to file bankruptcy here. Eligibility to File Bankruptcy in Arizona To be eligible to file bankruptcy in Arizona you must have lived here for the better part of the last 180 days. This means [...]
Usually bankruptcy is a once in a lifetime event. I think it is fair to say that not only do people not want to file bankruptcy once they surely don’t want to be in a situation a second time where a bankruptcy is necessary. But…it happens. Life happens and often there are unforeseen expenses, medical troubles, loss of job, etc. that result in unmanageable debt and a bankruptcy must be filed a second time. So, if you have filed bankruptcy in the past and need to file again, the question [...]