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Arizona Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Arizona on
Q: How would i find bankruptcy rules for reference
Andrew Bresalier
Andrew Bresalier
answered on Nov 28, 2011

The rules can be found at: http://www.law.cornell.edu/rules/frbp/

Please note, that you must also comply with any local rules. A copy of these can be found through the site for your local District Court.

1 Answer | Asked in Bankruptcy for Arizona on
Q: My attorney is ignoring my calls, what should I do?

I am going through bankruptcy discharge process and one of my creditors filed Summons in Adversary Proceeding with Bankruptcy Court. The letter was send to me, my attorney, and to the Trustee and requires submitting a motion or answering to the Clerk of the Bankruptcy Court within 30 days. I... View More

Andrew Bresalier
Andrew Bresalier
answered on Nov 10, 2011

Usually representation in a Bankruptcy does not include representation in an Adversary Proceeding. This is extra and most regular bankruptcy attorneys do not handle this type of case. They refer it out. However, this is no excuse for your attorney not to return your calls. Due to the short... View More

1 Answer | Asked in Bankruptcy for Arizona on
Q: I am unmarried and have no children.l, Can my mortgage company pursue my siblings for payment of my loan?
Andrew Bresalier
Andrew Bresalier
answered on Nov 10, 2011

Not unless they are Co-Debtors, or you have Fraudulently transfered property to them.

4 Answers | Asked in Bankruptcy for Arizona on
Q: Would lending money to pay off a car be considering priority under 11 u.s.c. (a) (7)?
Andrew Bresalier
Andrew Bresalier
answered on Nov 10, 2011

I believe you are referring to 11 USC 507(a)(7), which states that expenses/claim have priority in the following order: (7) debts to a spouse, former spouse or child. This is for paying NOT lending. If you approach it as the payment of a debt, it can be considered so under 507; however, unless... View More

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4 Answers | Asked in Bankruptcy for Arizona on
Q: Would lending money to pay off a car be considering priority under 11 u.s.c. (a) (7)?
Andrew Bresalier
Andrew Bresalier
answered on Nov 10, 2011

I believe you are referring to 11 USC 507(a)(7), which states that expenses/claim have priority in the following order: (7) debts to a spouse, former spouse or child. This is for paying NOT lending. If you approach it as the payment of a debt, it can be considered so under 507; however, unless... View More

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4 Answers | Asked in Bankruptcy for Arizona on
Q: Would lending money to pay off a car be considering priority under 11 u.s.c. (a) (7)?
Andrew Bresalier
Andrew Bresalier
answered on Nov 10, 2011

I believe you are referring to 11 USC 507(a)(7), which states that expenses/claim have priority in the following order: (7) debts to a spouse, former spouse or child. This is for paying NOT lending. If you approach it as the payment of a debt, it can be considered so under 507; however, unless... View More

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4 Answers | Asked in Bankruptcy for Arizona on
Q: Would lending money to pay off a car be considering priority under 11 u.s.c. (a) (7)?
Andrew Bresalier
Andrew Bresalier
answered on Nov 10, 2011

I believe you are referring to 11 USC 507(a)(7), which states that expenses/claim have priority in the following order: (7) debts to a spouse, former spouse or child. This is for paying NOT lending. If you approach it as the payment of a debt, it can be considered so under 507; however, unless... View More

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1 Answer | Asked in Bankruptcy for Arizona on
Q: Can I sue a person even if she files bankruptcy?

Can I sue a family member for not honoring two Promissory Notes and the terms of payment within them? Said family member threatened to file for bankruptcy if the family tried to get her to pay her obligations. Said family member is also trying to protect herself and her property under an LLC she... View More

Andrew Bresalier
Andrew Bresalier
answered on Nov 28, 2011

The protection of a corporation/LLC only protects the owner from the business' debts, not the business from the owner's debts.

If the Notes are secured, they I recommend you move quickly. Chances are if she is so brook, she may not have the funds for a bankruptcy. If she does...
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