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... Read 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... Read 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... Read 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... Read 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).... Read more »
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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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 -... Read 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... Read 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... Read 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... Read 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,... Read 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... Read 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... Read more »
answered on Dec 6, 2020
I am very sorry to tell you, but if you filed a bankruptcy - it does not go away just because you don't "go through with it". Perhaps this blog will help you understand: https://dianedrain.com/bankruptcy-stays-on-your-credit-report-even-if-case-dismissed/. Moral - NEVER file a... Read more »
Bk coming off credit in January 2021. Do I need to refinance and reaffirm to get the home back in my name?
answered on Nov 7, 2020
The mortgage and home are in your name, no matter if you filed bankruptcy. The bankruptcy discharge removed your legal obligation to pay the mortgage (assuming you listed the debt as you were required to do). If you want to keep the home you must pay all secured debts, which include the HOA.
Are there any pro bono attorneys for elderly people who have limited income. What does commingle funds mean?
answered on Sep 10, 2020
No, unless you commingle funds - see 42 U,S,C Section 407(a) and SEC 207. I am happy to provide a free bankruptcy consultation for Arizona residents.
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.
