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Questions Answered by Leonard Sominsky
1 Answer | Asked in Bankruptcy, Collections, Consumer Law and Criminal Law for Arizona on
Q: Can I include my NSF returned checks from my checking account with my bankruptcy? in Az?

my TCF checking account is overdrawn 900 dollars in several returned checks from several different retail stores. i am also 22,000 dollars in debt with out making minimal payments. my concern however is with the TCF bank and the bad checks. I also have a criminal history with 2 prior historical... Read more »

Leonard Sominsky
Leonard Sominsky answered on Nov 23, 2015

Although overdraft fees are an unsecured debt, the bankruptcy law specifically excludes NSF checks from being discharged. You should list the debt in the bankruptcy schedules anyway, but most likely the debt will survive. Also, if the NSF check is not made good quickly, the store MAY submit it... Read more »

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: I am a landlord who owns a duplex. The tenants of this duplex can not get along and are bringing me into their petty

feud. Can I request mediation to settle their differences?

Leonard Sominsky
Leonard Sominsky answered on Nov 10, 2015

The answer really depends on the nature and subject matter of the feud. however, your obligations to your tenants are limited to your written lease agreement and the safety of the duplex. If you have provisions in the lease about common area maintenance or noise or pets and if the dispute is about... Read more »

2 Answers | Asked in Landlord - Tenant for Arizona on
Q: What are my rights as a landlord whose tenant breaks their lease?

I have a lease with my tenants that expires next February 2016. They have been late payers and last month they told me they'd pay their rent in two payments which extended through the end of the month. I said no and said need full payment as described in the lease. They did not respond. I... Read more »

Leonard Sominsky
Leonard Sominsky answered on Nov 23, 2015

You have 2 options:1 file a forcible detainer action now for the rent and late fees and attorneys fees due now, or wait until the property is re-rented and sue for rent and late fees until that point. Since, you are not likely to collect a lot of $ from the tenants, you may consider suing them... Read more »

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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Am I liable for the down payment?

I am the owner of a home in a lease to own situation. The lessee paid a down payment at the start of the lease. The realtor involved received the down payment which was to be held in a trust account until lessee was ready to close. I was told that this was done. 9 months later, the realtor is... Read more »

Leonard Sominsky
Leonard Sominsky answered on Oct 15, 2015

You should consider meeting with an experienced attorney to address these issues. It is not clear who's Realtor this was, but if the real estate agent or his firm lost the funds, you and the tenant have right to sue them. The Escrow agent also has liability. I am not sure why you are responsible... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: If I am married and file for bankruptcy, does it affect my spouse or are my debts counted separately from hers?
Leonard Sominsky
Leonard Sominsky answered on Oct 8, 2015

Since Arizona is a community property state, all your and your wife's community debts accumulated during the marriage are included in the Bankruptcy. I am assuming you are filing without your spouse for a good reason as the Trustee will be asking. Her debts she has accumulated prior to the... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: can federal student loan debt be included in a bankruptcy?
Leonard Sominsky
Leonard Sominsky answered on Oct 1, 2015

Generally, since the 2005 Bankruptcy Reforms, both federal and private student loans are presumed to be nondischargeable in bankruptcy unless there is an 'undue hardship.' This term is not defined by the code, and it has been left to the Courts all over the country to decide case by case what is... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: I am very low income, elderly and have terminal cancer. I need to file bankruptcy. Is there any agency that can help?
Leonard Sominsky
Leonard Sominsky answered on Sep 29, 2015

Based on these facts it is very likely you are noncollectable and do not need to file for Bankruptcy. However, if you want to explore how bankruptcy can help, you should contact legal aid to see if you qualify for their free legal services.

1 Answer | Asked in Bankruptcy for Arizona on
Q: How can I tell if someone has filed bankruptcy?

I am taking this woman to small claims court for 1800$ and was informed by her via text that she quit her job and filed bankruptcy. I need to know if this is true and if since my lawsuit is still pending (because she has been ignoring it) if I can continue or if there is any way to verify through... Read more »

Leonard Sominsky
Leonard Sominsky answered on Sep 29, 2015

If you are a creditor, you should have received a mailed Notice of Bankruptcy from the Court, otherwise you can check the online PACCER system. It is a federal website that should allow you to see who filed for bankruptcy nation wide.

1 Answer | Asked in Bankruptcy for Arizona on
Q: I filed in 2010 for Chapter 13 Bankruptcy. Can I file again if my finances are again a disaster?
Leonard Sominsky
Leonard Sominsky answered on Sep 29, 2015

The answer depends on what type of bankruptcy you are trying to file this time. Generally, you can file for Chapter 13 again after 2 years have passed from the prior case, and you can file a Chapter 7 after 6 years have passed. You should consider a free consultation with an experienced Bankruptcy... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: Can a copy dismissal letter be ordered online?
Leonard Sominsky
Leonard Sominsky answered on Sep 28, 2015

In the District of Arizona, when the case is dismissed, a copy is sent by the court to all parties listed on the mailing matrix. If you want an additional copy, you would have to contact the court clerk, but most likely either mail them a self addressed stamped envelope with $1.00 for the copy... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: If I file bankruptcy, will they take the money from my 457 retirement account/deferred comp?

Also, via a QUADRO I have received additional money in a 457 account from my ex-husband, will they take that money? In sum, I have 2 different 457 accounts...one is mine, the other is $ from my ex-husband. Thanks!

Leonard Sominsky
Leonard Sominsky answered on Sep 28, 2015

Generally, Qualified Tax Deferred retirement plans such as IRA's, Roth's, SIMPLES, SEP and 401k's, are exempt from the bankruptcy estate and therefore not subject to being seized by the Trustee. To determine if your specific §457 plans are property of the estate, you would need to obtain... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: Can we cancel our bankruptcy filing? Our income has increased. Our plan will be confirmed soon.

Our plan will be confirmed soon. My lawyer has not contacted me to modify the plan. It is affordable to us now. Our income has increased but we have expenses for our two children in college. We have never qualified for Parent Loans in previous years but this year we did which caused the kids to... Read more »

Leonard Sominsky
Leonard Sominsky answered on Sep 22, 2015

Obviously, you should talk to your bankruptcy attorney first. However, you can dismiss your chapter 13 at any time. When a dismissal occurs, all of your old creditors that have been stopped by the automatic stay will resume their collection activity. You can try to work something out with them,... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: If a debtor files bankruptcy, what is the likelihood of my property damage judgement being non-dischargeable?

A roommate and I had a disagreement and he severely damaged my vehicle and home after making threats against me. He signed a promissory note before moving out and then avoided me. I won a judgement against him and he still refuses to pay anything. I am concerned that if/when I garnish his wages... Read more »

Leonard Sominsky
Leonard Sominsky answered on Sep 22, 2015

It is impossible to accurately answer if your ex-roommate can file for bankruptcy without asking him a lot of questions about his income and expenses, liabilities and how long he has resided in Arizona. (the # of creditors is not really a limiting factor) However, your judgement against him will be... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: how long does it take to finalize a chapter 7 bankruptcy filed in 1/15
Leonard Sominsky
Leonard Sominsky answered on Sep 17, 2015

A typical no asset chapter 7 in Arizona takes approximately 4.5 months to complete from (Filing to Discharge). It there are assets the trustee plans to administer, it will be longer and it may take over a year for the trustee to issue a Final Report.

1 Answer | Asked in Bankruptcy for Arizona on
Q: I am receiving Disability Retirement from the State of Az. Is this income part of the Bankruptcy income for means test?
Leonard Sominsky
Leonard Sominsky answered on Sep 17, 2015

Generally, Social Security Disability and Social Security are not included in the Means Test. However, they are included in the Income on Schedule I. Hopefully this helps answer your question. You should consult with an experienced Bankruptcy lawyer, if you have additional issues with your case.

2 Answers | Asked in Landlord - Tenant for Arizona on
Q: Should a bad eviction notice be honored.
Leonard Sominsky
Leonard Sominsky answered on Oct 15, 2015

Your should have the notice reviewed by an experienced attorney licensed in Arizona. Without expert advice you take the risk that the "bad" notice is actually good enough and you could get evicted and a judgement for rent entered against you.

I am not your attorney and this is just...
Read more »

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2 Answers | Asked in Bankruptcy for Arizona on
Q: I recently moved to Tucson, AZ and want to see if I can file for bankruptcy to save my house from foreclosure in Texas?
Leonard Sominsky
Leonard Sominsky answered on Sep 17, 2015

To properly answer this question, I would need more information, however, generally only a chapter 13 bankruptcy can permanently save a home from foreclosure by curing the mortgage default over a period of 36-60 months. To determine if chapter 13 is right for you depends on your expenses and... Read more »

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3 Answers | Asked in Landlord - Tenant for Arizona on
Q: Landlord wants to live in rental is this legal reason to evict? In az.

Gave my daughter son in law 4 granddaughters 30 days to vacate. They can't find place that quickly. Month to month. No lease.

Leonard Sominsky
Leonard Sominsky answered on Oct 15, 2015

With a month to month lease, either party can end the lease with a 30 day written notice from the next rent paying date. Please see the Arizona Residential Landlord and Tenant Act. So as long as you give the proper notice and wait the proper amount of time, you can evict your daughter. You can... Read more »

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