Questions Answered by Diane L. Drain
Q: filed chapter 7 8 mo ago didn''t qualify. filing again now and do qualify. what problems will i face
i walked away and the case was dismissed the first time. just after the dismissal i lost my job. after a month and a half, got a new job for much less money. I am filing again with the same lawyer (made payments until 100% paid), two hours before our signing meeting, her assistant called to say... Read more »
You need to ask the attorney to answer your questions. You paid their fees so have a right to understand what you are asked to do. Ethically the paralegal cannot give you legal advice, only the lawyer.
Q: Why do I need to endorse my entire tax refund to my trustee if she says she would only take a portion of it.
Filed Chapter 7 on 3/20/18. It was finalized (discharged) July 2018. My trustee stated that I needed to give her my entire refund. Once she receives if than she would take portion of it from January to March and refund me back the rest of the amount. When I asked how much she would be taking she... Read more »
In our office, we work with the trustee to pay only a portion, but that can depend on the trustee. If you have an attorney you need to ask for their guidance. If you do not have an attorney you should talk to a volunteer attorney at the Arizona Bankruptcy Court - www.azb.uscourts.gov.
Q: Can I get a used car a month before filing bankruptcy?
I am filing for bankruptcy the middle of March chapter 7 in Arizona. I am surrendering my current vehicle. My husband is filing also with me and he has a vehicle he is affirming. If I get a used car from a dealership right now, am I okay to do so?
The short answer is "yes", but there is a lot more information that you should know before filing a bankruptcy. I realize this is a challenging time & you have lots of questions. It is okay to be anxious & overwhelmed. You are on the right track to educate yourself about how to deal with your... Read more »
Q: I filed a Ch7 in May 2018 and was granted a discharge. My case is still open because the trustee wanted to wait until I
filed my 2018 tax return saying "you're low income and you have kids, so I know you'll get a big return." Is it left to the trustee's discretion whether he can take a portion of my return, or does a judge decide that? Would low income circumstances be relevant in whether I can keep my return or... Read more »
Unfortunately the trustee has an obligation to collect all non-exempt funds. The current Arizona law does not protect earned income credit or child care credit.
Most Arizona consumer bankruptcy attorneys give free consultations and this issue is discussed every time. This is why I... Read more »
Q: How does bankruptcy affect tax refunds?
I filed 2018 tax return and is expected February 27th, 2019. I’m not filing bankruptcy till Mid March. I was told that I need to spend all my refund on bills and nothing personal (vacation, furniture, clothes, etc.) Am I correct with this? Or am I still able to use my refund for other things than... Read more »
I realize this is a challenging time & you have lots of questions. It is okay to be anxious & overwhelmed. You are on the right track to educate yourself about how to deal with your financial situation. As a lawyer & retired law professor I am committed to education as a foundation for anyone... Read more »
Q: I filed a Chapter 7 in May of 2018, after my 2017 return was spent on reasonable things. Can the trustee ask for tax
returns that I file for in 2019? What would happen if I didn't pay them? I am considered a low-income family.
It depends on the trustee. The trustee has a right to a portion of the 2018 refunds - depends on when you filed your case. For instance if you filed half way through 2018 then the trustee has a right to half of the federal and state refunds. If they requested a copy of your 2018 federal and... Read more »
Q: How often can you file for bankruptcy?
You can file bankruptcy as often as you like, but the question should be how long do you need to wait from one bankruptcy before filing another in order to get a discharge (the answer is 2, 4, 6 or 8 years depending on the type of bankruptcy). This is a question you should ask an experienced... Read more »
Q: We were just handed trustee sale papers and they want to walk and take pictures of property and inside the house.
Do I have to let them ?
No, you can deny anyone the right to access your property, unless they have a court order or your deed of trust provides the lender can.
Q: I'm confused about bankruptcy - if I declare do my debts go away, or will things just go into a new payment plan?
I realize this is a challenging time & you have lots of questions. It is okay to be anxious & overwhelmed. You are on the right track to educate yourself about how to deal with your financial situation. As a lawyer & retired law professor I am committed to education as a foundation for anyone... Read more »
Q: Are the frequent flyer miles I earned through a credit card protected if I file bankruptcy?
Frequent flyer miles are not on the Arizona exemption list, but depending on circumstances, you may be able to use other exemptions called a 'wild card'. This is the first of hundreds of questions you should be asking so it is best to talk to an experienced bankruptcy attorney in order to determine... Read more »
Q: If I hand the keys to the bank default on my home loans and walk away, can the banks come back and attach my other asset
Since you asked about home loans - plural, then the answer is "maybe". It depends on the type of loan, the use of your property and why it was purchased.
Q: Mortgage is in Husband and his Parents names. We are both filing Chp 7 - What happens with house? Can he reaffirm?
We do not want to affect his parents and we do not want to lose the house. The equity is less than $150,000. Is there a way to file Chp 7 and still keep the house? Can my husband reaffirm? We cannot allow his parents to be affected at all.
Answer to Question from Lawyer:
The... Read more »
This is just the first of what should be hundreds of questions. Please seek the advice of an experienced bankruptcy attorney in order to determine how bankruptcy may help. I offer a free consultation.
Q: I voluntarily cancelled my chapter 7. can i go back to using/paying my creditors
I did not qualify for chapter 7 and choose not to file chapter 13. I have an excellent pay record with my creditors and want to continue that. Will they unrestrict my cards and allow me to pay as usual?
You can ask, but they have a right to enforce any contracts.
Q: I live in Arizona and I own my home outright and I'm going to file bankruptcy will I lose my home
It depends on the value of the house - if under the exemption allowance of $150,000 then it is protected. (for a complete list of Arizona exemptions go to my website - www.DianeDrain.com, use the bankruptcy menu and download the Arizona exemption PDF.
This is the first of hundreds of... Read more »
Q: What should I do if my wife refuses to file for bankruptcy and I want her to go through with it?
You cannot make her file a bankruptcy, but you can file your own. Make sure to talk to a good bankruptcy attorney so both of you understand the issues related to filing (either by one or both spouses).
Q: What is a deed in lieu of foreclosure?
I am buying land and if late 41 days a deed in lieu of foreclosure id filed - does the property /land go back to the owner/seller and the slate is clean or does the owner still sue for the remaining unpaid loan balance on a owner carry loan
or do we just walk and the owner takes current... Read more »
Here is an article that should answer your questions: https://dianedrain.com/real-estate-articles-links/deed-lieu-foreclosure/
My best.
Q: What is a Notice of Trustee's Final Report and Applications for Compensation and Deadline to Object (NFR)?
I just received this notice and I don't know what it is and what it means to me. Do I owe more money (that I don't have)?
It reads:
The final report shows receipts of: $3,506.00
and approved disbursements of: $1,983.36
leaving balance on hand of: $1,522.64... Read more »
That shows the monies received and how they will be disbursed. Make sure to talk to your attorney about the creditors listed and how this affects possible discharge.
Q: I've paid my last two years of taxes but I still have an overdue tax bill from three years ago. I'm struggling to keep
up. Can I get the tax bill discharged if I decide to file for bankruptcy?
It depends on several factors. Please understand that bankruptcy is a very complicated process, so you need to take time to educate yourself about bankruptcy before jumping into the unknown. As part of your education watch the Bankruptcy Court videos (link below) which explain the bankruptcy... Read more »
Q: If you file bankruptcy in arizona.. can your HOA place a lean on your property for dues that were included in your bk
I filed bankruptcy and my hoa has placed a lean on my property.
Most likely the CC&R's provide that the property is collateral for the dues/assessments, plus the owner is liable for the dues/assessments. If you file bankruptcy listing the obligations owed at the day of filing that results in the owner not being liable for the pre-petition debts. But it does... Read more »
Q: I have no secured except for my travel trailer (permanent fixed address) and a pickup truck. How can I keep both?
Arizona does not use Federal exemptions, unless you lived outside Arizona during the last 2 years.You see from the prior answer that bankruptcy is a very complicated process. Please take time to educate yourself about bankruptcy before jumping into the unknown. As part of your education watch the... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
