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Questions Answered by Diane L. Drain
1 Answer | Asked in Bankruptcy for Arizona on
Q: What are the requirements for filing bankruptcy?
Diane L. Drain
Diane L. Drain answered on Oct 31, 2019

You must fill out more than 60 pages of information about what you owe, own, have done in the past, earn today, earned over the last 6 months, earn the last 60 days, earn the last 3 years, plus much, much more. If you want a free consultation then follow these directions:

I know this is a...
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1 Answer | Asked in Bankruptcy, Divorce and Family Law for Arizona on
Q: During a divorce in az Are premarital assets considered community assets after a joint bankruptcy?

Married 12/26/17

Bankruptcy filed 12/03/18

Bankruptcy complete 3/19/19

Diane L. Drain
Diane L. Drain answered on Sep 21, 2019

You should talk to your bankruptcy attorney because the answer depends on certain facts.

2 Answers | Asked in Bankruptcy for Arizona on
Q: My parents did a reverse mortgage on their home in my Dad's name alone. He just passed away and my Mom is $100k in

credit card debt. She will loose her home to the company they signed the reverse mortgage with. She will recieve $300k from a life insurance policy. Is there anyway for her to file bankruptcy to get rid of the unsecured debt and protect the life insurance money so she can survive financially?

Diane L. Drain
Diane L. Drain answered on Sep 21, 2019

It depends on the type of life insurance. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. I am attaching a link to some free videos that explain how bankruptcy works:... Read more »

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2 Answers | Asked in Bankruptcy for Arizona on
Q: (BK 7) Parent helped pay for back mortgage pymnts (3) directly to mortgage company is that an issue.

We meet the means test. Just curious if thats an issue. Payment since then have been current through us.

Diane L. Drain
Diane L. Drain answered on Jul 17, 2019

Expenses paid by others is "income" - but there are four places that income is addressed in a bankruptcy. Bankruptcy is a very complicated process (somewhat like a Rubik's cube - one answer changes others). Please take time to educate yourself about bankruptcy before jumping into the unknown. As... Read more »

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2 Answers | Asked in Bankruptcy for Arizona on
Q: Is a brokrage account (e-trade) of $295.00 an exempt asset? I have no current job (were living off my partners income).

Asking if it exempt when filling BK7

Diane L. Drain
Diane L. Drain answered on Jul 17, 2019

It depends on whether you use Arizona (lived in Az for more than 2 years) or federal exemptions. Bankruptcy has thousands of rules governing specific situations. If you have an attorney - ask them which question. If you do not, then consider hiring an experienced attorney to help protect you and... Read more »

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2 Answers | Asked in Bankruptcy for Arizona on
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 »

Diane L. Drain
Diane L. Drain answered on May 21, 2019

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.

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2 Answers | Asked in Tax Law and Bankruptcy for Arizona on
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 »

Diane L. Drain
Diane L. Drain answered on Mar 22, 2019

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.

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3 Answers | Asked in Bankruptcy for Arizona on
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?

Diane L. Drain
Diane L. Drain answered on Feb 23, 2019

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 »

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2 Answers | Asked in Bankruptcy for Arizona on
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 »

Diane L. Drain
Diane L. Drain answered on Feb 20, 2019

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...
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3 Answers | Asked in Bankruptcy for Arizona on
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 »

Diane L. Drain
Diane L. Drain answered on Feb 9, 2019

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 »

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3 Answers | Asked in Bankruptcy for Arizona on
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.

Diane L. Drain
Diane L. Drain answered on Jan 12, 2019

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 »

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3 Answers | Asked in Bankruptcy for Arizona on
Q: How often can you file for bankruptcy?
Diane L. Drain
Diane L. Drain answered on Nov 16, 2018

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 »

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1 Answer | Asked in Foreclosure and Real Estate Law for Arizona on
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 ?

Diane L. Drain
Diane L. Drain answered on Nov 8, 2018

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.

3 Answers | Asked in Bankruptcy for Arizona on
Q: I'm confused about bankruptcy - if I declare do my debts go away, or will things just go into a new payment plan?
Diane L. Drain
Diane L. Drain answered on Oct 26, 2018

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 »

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2 Answers | Asked in Bankruptcy for Arizona on
Q: Are the frequent flyer miles I earned through a credit card protected if I file bankruptcy?
Diane L. Drain
Diane L. Drain answered on Oct 22, 2018

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 »

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1 Answer | Asked in Foreclosure for Arizona on
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
Diane L. Drain
Diane L. Drain answered on Oct 2, 2018

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.

2 Answers | Asked in Bankruptcy for Arizona on
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 »

Diane L. Drain
Diane L. Drain answered on Oct 1, 2018

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.

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2 Answers | Asked in Bankruptcy for Arizona on
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?

Diane L. Drain
Diane L. Drain answered on Sep 4, 2018

You can ask, but they have a right to enforce any contracts.

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3 Answers | Asked in Bankruptcy for Arizona on
Q: I live in Arizona and I own my home outright and I'm going to file bankruptcy will I lose my home
Diane L. Drain
Diane L. Drain answered on Aug 24, 2018

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...
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2 Answers | Asked in Bankruptcy for Arizona on
Q: What should I do if my wife refuses to file for bankruptcy and I want her to go through with it?
Diane L. Drain
Diane L. Drain answered on Aug 17, 2018

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).

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