…$2800. I am current on my $150 monthly car payments and can easily afford to continue it with my monthly budget. I don’t mind being upside down on it because it’s super reliable & I’ve put a lot of parts/labor into it. Please inform me of the PROPER procedure to request at the... View More 
answered on Aug 13, 2023
The following assumes you are filing in Arizona. A denial of the reaffirmation is NOT bad. It means you can keep the vehicle so long as you are current on payments at the time of the reaffirmation hearing, and that you stay current. Also, the vehicle needs to be insured. The judge denies the... View More
I RECEIVED A LETTER OF NOTICE OF TRUSTEE'S SALE AND HOUSE HAS ACTION DATE OF AUG 2 I NEED TO STOP THE ACTION FROM HAPPENING HOW DO I DO SO ? I
THE LETTER SAYS I CAN FILE AN ACTION AND OBTAIN A COURT ORDER PRUSUANT TO RULE 65 BTU ASKED TO COURT CLEARK AND SHE COULDNT TELL ME WHAT FORMS... View More
answered on Aug 3, 2023
This process is an attempt to put the foreclosure on hold. Normally this is not successful unless you can prove the lender or trustee did not follow the law. The better course is to contact the trustee and request a reinstatement (which would bring the loan current, plus costs). The next option... View More
Last year (in 2022), I filed a chapter 13 bankruptcy. At the time I filed, I did not qualify for a chapter 7 bankruptcy because the equity in my car was too high.
After I filed my chapter 13 bankruptcy, in November of 2022, the majority of voters voted yes on Arizona proposition 209 which... View More
answered on May 1, 2023
Mr. Denison's answer is not correct for Arizona, but it might be for his state. This is a much more complicated question than you realize. Prop 209 is being challenged. Plus Prop 209 (assuming it stands as is), will only apply to those bankruptcies filed after December 5, 2022. Depending on... View More
plan. I asked to surrender the car and the creditor was informed. Creditor has not taken the car. Can I get the title from the creditor with lien release?
answered on Mar 27, 2023
Great question, but it would be necessary to gather a lot more information in order to help you determine your rights. First - contact your attorney. They should know why you filed the bankruptcy and what you want to accomplish. If you did not use an attorney (good job getting this far because... View More
My employer (E) has two small businesses (A and B) both 100% owned by E. Business A owes business B a significant amount of money for services accumulated throughout the years. However, E wants to protect the assets of A from any happenings relating to B. If B goes bankrupt will the creditors of B... View More
answered on Jan 16, 2023
Your "employer" needs to talk with an experienced bankruptcy attorney in order to determine their best course of action. This is not a decision that should be made lightly. Do not rely on a "mass-production" law firm (one that pays for advertising on the Internet or TV).... View More
answered on Jun 14, 2023
Under Arizona law - a trustee's sale can be processed by any lender for any material default under the deed of trust. It does not matter who owns the property.
I hope this helps.
I have an SBA loan, payroll, rent and a couple of MCA loans that can be invalidated
answered on Mar 25, 2023
You posted this question using "I have an SMA loan, payroll, rent..." which means that you, as a human has those debts. But the title says "small business needed to file bankruptcy". I am not sure if you need advice regarding bankruptcy for you, or for your company.... View More
4 years ago, owner passed away (no will/heirs). We made payment to lender until 3/2021 at which time, payment was refused (we now know, due to lender selling loan). Property is now in foreclosure and due to be auctioned 3/15/23. Property is worth $150,000. Loan is $20000.
answered on Jan 22, 2023
I don't see a question here. From your description, you do not own the house, the payments have not been made, and the lender is foreclosing. Which they have a right to.
I live in Arizona. During Covid I improperly managed my finances and developed a large amount of credit card debt ($30,000ish from about six credit cards). I defaulted on them and was sued by three credit card companies; all three won default judgments 2 years ago. One got a court order to withdraw... View More
answered on Jan 20, 2023
As Attorney Denison suggested you should talk to an experienced attorney in order to determine your exposure and your rights. In Arizona judgments can be renewed repeatedly, also judgments attach to your home, whether you own one now or in the future. Bankruptcy may be a way to clean up your past... View More
I cannot get a job because of my previous drug and theft records. MVD stops me from registering my car and DES is seeking payback of unemployment. Stuck between rock and hard place. I have been clean for approximately 3 years but does't seem to matter. I really need help with possibly getting... View More
answered on Jan 5, 2023
As bankruptcy lawyer and retired law professor, my goal is to educate people about their options, including bankruptcy. There are many questions you need to ask and things you need to learn before deciding that baakruptcy is an option. Most good consumer attorneys offer a free consultation.
My ex committed identity theft in my name, he opened multiple credit cards under my name and charged them to the max. Then he opened multiple phone accounts under my name. Then put a no contact restraining order out on me. I have creditors calling me and telling me I'm responsible for the... View More
answered on Jan 2, 2023
I am so sorry to hear about your situation. There are two issues: 1) a criminal act of forging someone's signature. 2) your liability (if any) to the creditors. For the first file a police report for identify theft. Contact the Attorney General's office for instructions on your rights... View More
i was served in a suit for a debt collection by a debt collector , the suit is for $6000, can i close a savings acct in another state from were i was served ,
answered on Sep 16, 2021
The creditor has rights - including domesticating a judgment from one state to another. Rather than running and hiding, talk to a good bankruptcy attorney in the state where you live. Find out what your rights and obligations are and how, of if, bankruptcy might help you find a more peaceful... View More
I received a discharge date on 5/8/19 on a Chapter 7 no asset. Pro se. The trustee submitted the final accounting report and Judge signed on 12/17/20. I was notified a settlement check went to the trustee. Does that mean they are going to re-open my case again? Can I hire an attorney to get my... View More
answered on Sep 1, 2021
In Arizona, the settlement is usually not exempt. Therefore, the trustee has a duty to decide if it is sufficient to administrate. The trustee may elect to return the funds to you. You can make an appointment to talk to a volunteer attorney at the Bankruptcy Court's Self-Help Center -... View More
answered on Jun 9, 2021
You would calculate "income" to include wages, regular gifts, self-employment, benefits where others are paying your bills (such as cell phone or food). You list expenses as your actual expenses - such as that you actually pay for your housing. Most consumer bankruptcy attorneys offer... View More
We lived operated our business and worked at this non profit outreach and the owner trespassed from property to take our belongings and dumped our destroyed items in the neighbors parking lot ending in filing criminal damage to property of him. He also took door of shower room we had to use so him... View More
answered on Apr 20, 2021
Do don't mention how bankruptcy plays into your questions. If you are in or were in bankruptcy - contact your bankruptcy attorney for advice. If you are or were not in bankruptcy - you should move this post to another topic.
Got a judgement against me, checking wasn’t touched cause I get unemployment. My only source of money is Unemployment. I thought unemployment couldn’t be garnished. Especially if thats my only money source. I was pushed into filing bankruptcy on my own. Can’t afford no lawyer to get necessary... View More
answered on Apr 10, 2021
There is a Self-Help Center at the Arizona Bankruptcy Court - 602-682-4007. You can sign up to talk to an experienced bankruptcy attorney, free for 20 minutes.
Now my home is being sold to pay off creditors, what should i do?
answered on Apr 18, 2021
As you are learning, bankruptcy is not a simple process of filling out 60 pages of information. There are tens, if not hundreds, of issues that can harm you, depending on your circumstances.
To answer your question - for over a year all creditor meetings have been held by phone or Zoom,... View More
answered on Mar 18, 2021
You lose your discharge (the whole reason you are filing for bankruptcy protection), the court could determine that all your current debts cannot be discharged in a future bankruptcy and other sanctions, the trustee will get a judgment against you which they can collect by garnishing wages or bank... View More
This is for Texas not Arizona.
answered on Mar 12, 2021
You need to talk to a bankruptcy attorney licensed in the state where you live. If you live in Arizona - the answer is "it depends on the facts". Like, what type of pension?
answered on Feb 22, 2021
Perhaps, but this is a complicated question without any information (somewhat like sending your doctor an email asking about "that weird growth on your arm"). You obviously know about the foreclosure, or you would not be asking the question. I highly recommend you talk to an experienced... View More
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