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Questions Answered by Diane L. Drain
1 Answer | Asked in Foreclosure for Arizona on
Q: Does Idaho have a hold on evictions
Diane L. Drain
Diane L. Drain answered on Apr 3, 2020

You are posting this in Arizona. Try reposting so Idaho attorneys can see it.

3 Answers | Asked in Bankruptcy for Arizona on
Q: Are memos on checks legally binding in a bankruptcy case?

We are the creditor in the BK for owed assessment dues in an HOA...the debtor objected to our proof of claim so we amended. The debtor continues to object claiming we are not using checks written to the hoa because in the memo line they say something unrelated to dues.

Diane L. Drain
Diane L. Drain answered on Mar 30, 2020

You need a good creditor bankruptcy attorney. So much can happen to the HOA without one. Let me know if you want referrals.

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3 Answers | Asked in Bankruptcy for Arizona on
Q: chapt 7 stimulus checks

hello I am in the middle of a chapt 7 BK will my Trustee get our stimulus checks. My wife is not in my BK

Diane L. Drain
Diane L. Drain answered on Mar 29, 2020

I assume you do not have an attorney, or you would not ask. No one really knows. Most likely it will depend on your trustee and other non-exempt assets. Do not spend the stimulus without getting permission from the trustee.

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2 Answers | Asked in Bankruptcy for Arizona on
Q: If I am planning to file a Ch 13 Bankruptcy, but have not yet, can I keep my tax return if I receive it BEFORE filling?

I plan on filing in the next couple weeks, but hoping I can use my return for this virus & not having good enough income, can I if I have not actually filed yet? It was an error in the questioned, it was supposed to say "filing", NOT "filling". Sorry.

Diane L. Drain
Diane L. Drain answered on Mar 25, 2020

Don't file a chapter 13 unless you have a very experienced chapter 13 attorney (with more than 10 years of chapter 13 work). The failure rate with a good attorney is 40-50%. The failure rate with a bad attorney (one who does not care about their clients) is 95%. The failure rate for those who... Read more »

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2 Answers | Asked in Bankruptcy for Arizona on
Q: My refund was captured. How long until I get the money that the estate in not entitled to? Any laws on the timeframes?

Filed bankruptcy April 1 2019. Refund issued Feb 29, 2020 captured by trustee. He's not returning my calls, so I'm curious about how long it may , or usually takes to get the money that the estate isn't entitled to. Is there anything in the statutes that outline this process?

Thank you

Diane L. Drain
Diane L. Drain answered on Mar 24, 2020

The trustee has an obligation to collect all non-exempt assets, which includes tax refunds for the year you filed a bankruptcy. But, only a potion of the refunds. The trustee is not going to return your call if you have an attorney. If you don't - contact the United States Trustee's office and... Read more »

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2 Answers | Asked in Bankruptcy for Arizona on
Q: Is term life insurance considered an asset in filing Chapter 7 bankruptcy in Arizona?
Diane L. Drain
Diane L. Drain answered on Mar 20, 2020

It is listed on Schedules A/B and exempted (for the proper amount) on Schedule C. You are best working with an experienced bankruptcy attorney. We offer a free consultation.

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3 Answers | Asked in Bankruptcy for Arizona on
Q: We filed bankruptcy in 2009. It was discharged in 2009 and closed in 2012. Wells Fargo owed us money for putting forced

Insurance on our car, it got repoed, now trustee is saying she can keep our money to send to creditors, is this true?

Diane L. Drain
Diane L. Drain answered on Mar 16, 2020

Depends on when the vehicle was repossessed and the law of the state where you live.

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1 Answer | Asked in Consumer Law, Contracts and Foreclosure for Arizona on
Q: is it legal for 2nd mortgage to foreclose, buy the house at auction, not payoff 1st mortgage but pay monthly payment?

8 years after my 2nd mortgage forclosed I found out the frst mortgage loan which was an fha, is still in my name. The loan is active and payments have been made by someone without my knowledge for 8 years. My name is listed on the contact information but the contact adddress and phone is that of... Read more »

Diane L. Drain
Diane L. Drain answered on Mar 4, 2020

This happens all the time. The first loan has not been paid off, therefore there is still debt owing - by you. If this is Arizona property, under 2 1/2 acres, then lender can foreclose if the loan is not paid, but they cannot sue you. That is the good news. The bad news is that you still have a... Read more »

2 Answers | Asked in Bankruptcy for Arizona on
Q: I filed Ch 7 bankruptcy 04/19, my ‘19 tax refund is processing. Can the trustee keep my entire refund or just a portion?
Diane L. Drain
Diane L. Drain answered on Feb 27, 2020

It depends on your other non-exempt assets. Talk to your bankruptcy attorney, or, if you don't have one, make an appointment to talk to a volunteer attorney at the Bankruptcy Court's Self-Help Center - 602-682-4007.

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1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Arizona on
Q: Own a property in Pima county that is going to foreclosure, because One of the owners has a lien on the property

For back due taxes on his business. I want my half of the value of the property before it forecloses.

How do I put a lien on this?

Diane L. Drain
Diane L. Drain answered on Feb 20, 2020

An owner cannot have a lien on their own property. If the lender was an entity of the owner, then the entity can have a lien. Talk to an experienced litigator, with real estate experience.

2 Answers | Asked in Bankruptcy for Arizona on
Q: I filed chapter 7 in April 2018, discharged in July. Irs kept most of refund for back taxes, but I owe trustee 1200.00

Can they keep all of my refund this year or just 1200.00 owed to trustee?

Trustee office said they'd ask trustee for a repayment plan in October 2019, but I've had no response and have sent them many emails asking. I'm expecting a big refund and wondering if they're keeping it all

Diane L. Drain
Diane L. Drain answered on Feb 15, 2020

You need to contact your attorney because there are more issues you have not discussed. If you do not have an attorney, there is a Self-Help Center at the Bankruptcy Court. Call them to make an appointment to talk with an experienced bankruptcy attorney - 602-682-4007.

I hope this is...
Read more »

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2 Answers | Asked in Bankruptcy for Arizona on
Q: Ok I’m in az filled bank rupt last feb do I owe my tax return this year to. If I owe 2 months do I divide it by two

Since I filled last feb and send them a check. Also case was reopened in November to distribute last yrs tax return or should I be clear now since I paid the returns last yr

Diane L. Drain
Diane L. Drain answered on Feb 6, 2020

If you have an attorney, please contact them because this is what you paid them for. So, I am going to assume you do not - the trustee collects tax refunds for the year you filed and any prior years that you have not collected. If you filed the bankruptcy in 2019, then the trustee can collect... Read more »

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2 Answers | Asked in Bankruptcy, Civil Rights, Domestic Violence and Small Claims for Arizona on
Q: My ex boyfriend sued me for gifs after I got an order of protection against him.

I was served while walking in to court for one of the orders of protection since he was appealing it. I didn’t respond because I was confused and I was waiting for a court date. Now I’m in default and they want to garnish my wages. I’m a single mom with only my income. I need help what can I do?

Diane L. Drain
Diane L. Drain answered on Feb 1, 2020

Thank you very much for contacting my office. I realize this is a challenging time for you and that you have lots of questions. It is okay to be anxious and overwhelmed; the trick is not to fight it. Instead, you are on the right track by educating yourself about options to help deal with your... Read more »

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3 Answers | Asked in Bankruptcy for Arizona on
Q: Removing garnishment - Chapter 7

Someone owes me money and I won a default judgement and just filed for garnishment. I received notice that they are filling for Chapter 7. The email from the her lawyer said I had to contact her employer to remove the garnishment. Do I need to do this, or should they do this? Honestly, I don't... Read more »

Diane L. Drain
Diane L. Drain answered on Jan 13, 2020

Never demand payment (or continue with a garnishment) if someone is in bankruptcy - this can very VERY costly for you. There is a chance that they will fail to follow through with the bankruptcy and the case will be dismissed; at that time you can move forward with the garnishment. It is best for... Read more »

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2 Answers | Asked in Bankruptcy for Arizona on
Q: No I filed in feb 2019 I gave them 2018 tax refund
Diane L. Drain
Diane L. Drain answered on Jan 6, 2020

The bankruptcy estate has a right to a pro-rata share of your 2019 refunds.

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3 Answers | Asked in Bankruptcy for Arizona on
Q: So my case was closed and now reopened I gave them 2018 tax return now its reopened will I have to give the 2019 also
Diane L. Drain
Diane L. Drain answered on Jan 6, 2020

Probably not if you filed your bankruptcy in 2018. But, it is best to talk to your bankruptcy attorney in order to make sure your interests are protected.

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2 Answers | Asked in Foreclosure for Arizona on
Q: A timeshare was foreclosure, what should i do?
Diane L. Drain
Diane L. Drain answered on Jan 4, 2020

Sorry, but I am not sure what you are asking.

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2 Answers | Asked in Foreclosure and Real Estate Law for Arizona on
Q: There is an auction coming up, I saw the owner just placed a "lis Pendens" to stall post auction.

Checking the county recorder's office, this was recently filed. The bank foreclosed, but it looks like she wants to live in the house awhile after the auction. How much trouble will a Lis Pendens be? It could be that she thinks no one will bid on her house with that move. I don't really know if... Read more »

Diane L. Drain
Diane L. Drain answered on Jan 6, 2020

'Lis Pendens' means there is litigation pending that might involves the real property.

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3 Answers | Asked in Bankruptcy for Arizona on
Q: My dad is a senior citizen who does not have any real assets and lives on his social security.

He has accumulated significant debt via credit cards and other loans via One Main Loan and Lending Club. He had a stroke this summer and has been off work and fell behind. This is how I became aware. He drowning trying to make payments. I just watched a webinar thru the National Senior Citizens... Read more »

Diane L. Drain
Diane L. Drain answered on Dec 27, 2019

Thank you very much for contacting my office. I realize this is a challenging time for you and that you have lots of questions. It is okay to be anxious and overwhelmed; the trick is not to fight it. Instead, you are on the right track by educating yourself about options to help deal with your... Read more »

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1 Answer | Asked in Bankruptcy for Arizona on
Q: Inheritance question during chapter 13

I am 3 years into Chapter 13 case, 2 years left. My plan base shows as $22,000 so about $10,000 left to go for discharge. This amount is for secured creditors only, unsecured showing as not receiving much of anything. My father is ill so wondering how that works if I was to get inheritance? I have... Read more »

Diane L. Drain
Diane L. Drain answered on Dec 19, 2019

I assume you do not have an attorney, but if you do you must contact them for guidance. Generally, in chapter 13, any inheritance goes to administrative claims, priority debts, creditors that filed proof of claims, then the debtor.

I hope this is helpful.

Note - if you do not...
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