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... View More 
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... View More
returns that I file for in 2019? What would happen if I didn't pay them? I am considered a low-income family.
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... View More
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... View More
Do I have to let them ?
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.
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... View More
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... View More
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.
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... View More
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.
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?
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... View More
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).
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... View More
answered on Aug 11, 2018
Here is an article that should answer your questions: https://dianedrain.com/real-estate-articles-links/deed-lieu-foreclosure/
My best.
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... View More
answered on Aug 7, 2018
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.
up. Can I get the tax bill discharged if I decide to file for bankruptcy?
answered on Jul 25, 2018
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... View More
I filed bankruptcy and my hoa has placed a lean on my property.
answered on Jun 28, 2018
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... View More
answered on Jun 27, 2018
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... View More
answered on Jun 16, 2018
First, you want to make sure you are asking the correct question. In Arizona typically a home is sold via a trustee's sale, not a foreclosure. In that case there is no redemption period, but there is a reinstatement period. If the house is sold by a sheriff, after a judicial foreclosure,... View More
chance to recover it?
answered on Jun 11, 2018
No, court order child support and alimony are not discharged in any bankruptcy. You might want to hire a good bankruptcy attorney to help you through the process.
I have 30 years of experience in writing, editing and publishing. I live in Phoenix. The client, who resides in North Carolina, contacted me to help her write her memoirs. They are fascinating. The manuscript was completed in February 2018 and we were actively seeking an agent or publisher until... View More
answered on May 10, 2018
Bankruptcy is an extremely complicated set of laws (some state and many federal) so it is a challenge to determine how to answer your questions. First, anyone can file for bankruptcy and later pay some or all of their debts. The issue here is whether or not the exemptions protect her interest in... View More
We fell behind on our mortgage payments. We have little debt but a lot (over $100,000) in home equity, so my spouse (NOT myself) filed Ch. 13 to protect our home about 5 months ago and have been making the mortgage payment and trustee’s payment. We just accepted a job offer out of state and now... View More
answered on May 8, 2018
It is very important that you contact your bankruptcy attorney. Most likely there is more than just the house involved.
Congratulations on the new job - I hope this is the start of a great new life.
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