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Arizona Bankruptcy Questions & Answers
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... View More

Timothy Denison
Timothy Denison
answered on Oct 1, 2018

Whose name is the DEED in?

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1 Answer | Asked in Bankruptcy for Arizona on
Q: If I have a title loan and file bankruptcy, how long before they can try and take my car?

My payment is due this friday, but if I don't pay it because I'm filing bankruptcy next week, can they take my car right away?

Timothy Denison
Timothy Denison
answered on Sep 19, 2018

It all depends on the terms of your contract, but once you file bankruptcy, the stay will prevent a repo for several weeks.

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?

Timothy Denison
Timothy Denison
answered on Sep 4, 2018

Not until they receive notice of the dismissal. You may want to advise them what you’re doing.

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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
Cristina M. Lipan
Cristina M. Lipan
answered on Aug 23, 2018

Most likely it will be considered a non-exempt asset which the trustee could sell to pay off your creditors. You should speak to a local attorney to review your exact situation, but most likely you're better off getting a home equity line mortgage to pay off your debts.

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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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3 Answers | Asked in Bankruptcy for Arizona on
Q: What is a Notice of Trustee's Final Report and Applications for Compensation and Deadline to Object (NFR)?

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

Timothy Denison
Timothy Denison
answered on Jul 29, 2018

That is the interim trustees accounting to the uS trustee and the Court. The remaining monies will likely be disbursed to the unsecured creditors. You will likely not owe any more money.

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3 Answers | Asked in Bankruptcy for Arizona on
Q: I've paid my last two years of taxes but I still have an overdue tax bill from three years ago. I'm struggling to keep

up. Can I get the tax bill discharged if I decide to file for bankruptcy?

Diane L. Drain
Diane L. Drain
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

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1 Answer | Asked in Bankruptcy, Divorce and Real Estate Law for Arizona on
Q: Is there a term for this and how long would this process take because I do not want to lose buyers.
Timothy Denison
Timothy Denison
answered on Jul 7, 2018

Make a motion for leave to sell the real estate and escrow the proceeds to pay the debts.

1 Answer | Asked in Bankruptcy and Real Estate Law for Arizona on
Q: Question about how to get husband to sign a cash offer for a unfinished house when we are in debt.

husband and I are getting divorce. My choice. And we are in a little of debt with credit cards, lians, real estate payments, etc. I am unable to pay my bills and rent and we have been late in 2 months mirtage for an unfinished home and land. He also own a business together that has went bankrupt... View More

Timothy Denison
Timothy Denison
answered on Jul 7, 2018

Yes. If he won’t sign, ask the divorce court to order it sold and pay off the debts as you wish.

2 Answers | Asked in Bankruptcy and Land Use & Zoning for Arizona on
Q: If you file bankruptcy in arizona.. can your HOA place a lean on your property for dues that were included in your bk

I filed bankruptcy and my hoa has placed a lean on my property.

Timothy Denison
Timothy Denison
answered on Jun 28, 2018

If it was placed prior to filing, yes.

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2 Answers | Asked in Bankruptcy for Arizona on
Q: I have no secured except for my travel trailer (permanent fixed address) and a pickup truck. How can I keep both?
Timothy Denison
Timothy Denison
answered on Jun 27, 2018

Depending on their value, the federal homestead exemption ($25,000) thefederalwildcardexemption ($13,025) and the federal auto exemption ($3,775) should be more than sufficient to protect these properties.

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2 Answers | Asked in Bankruptcy for Arizona on
Q: My ex-husband owes me a lot of child support. If he files for bankruptcy like he's claiming he might, will I lose my

chance to recover it?

Diane L. Drain
Diane L. Drain
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.

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1 Answer | Asked in Bankruptcy for Arizona on
Q: Bankruptcy and adversary proceedings

I was told by a lawyer that you can file an adversary proceeding against a bankruptcy years after it has been discharged, without re-opening it. Is this true? Everything I read online seems to disagree...

Timothy Denison
Timothy Denison
answered on May 28, 2018

You must reopen the bankruptcy in order to file an ap within it.

2 Answers | Asked in Bankruptcy and Contracts for Arizona on
Q: I collaborated on a book with a client for two years. Now she filed for bankruptcy and says our contract is cancelled.

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

Timothy Denison
Timothy Denison
answered on May 10, 2018

Yes, you need to contact a lawyer in the Federal district of NC where the bk is pending and have him check the filing out. He can then file, if necessary, the paperwork to intervene in the action and protect your interests. This is rather tricky, so you should not attempt it yourself

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2 Answers | Asked in Bankruptcy for Arizona on
Q: Selling home in Chapter 13 or filing for a dismissal?

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

Diane L. Drain
Diane L. Drain
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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2 Answers | Asked in Bankruptcy for Arizona on
Q: I filed chapter13 bankruptcy in az. My mortgage co. Is reporting late every month since my acct was late when I filed?

The trustee makes my mortgage payment so I am not late with the current payment. The mortgage company states they report what the account was the day I filed. I filed 2 years ago and they just started reporting this in December 2017.

Timothy Denison
Timothy Denison
answered on May 2, 2018

Challenge it on your credit reports. If they can’t substantiate it, it should be removed.

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1 Answer | Asked in Bankruptcy for Arizona on
Q: I filed a chapter 13 in 2006 at the time of filling our lawyer told us it would be in our best interest to file a 7

We told him to we new nothing about how they work but I told him I did not want to lose my home and would be making payments on time and faithfully. We Gave our lawyer all debt secured and unsecured. We set up a payment plan paid all our payments on time and received a discharge. For the past 2... View More

Timothy Denison
Timothy Denison
answered on Apr 27, 2018

Was the debt for the 25k lien on your home given to the lawyer when you gave him the rest of the secured and unsecured debts? If so, he’s on the hook for resolving the 25k lien or having his malpractice carrier resolve it for him.

1 Answer | Asked in Bankruptcy for Arizona on
Q: I am 1 year into my chapter 13 Bankruptcy. I lost my job now make half as much can't afford the payments own 2 homes

Own 2 homes and my current attorney said nothing he can do to lower 1150 mo payment because I own 2 homes. I make 32k now vs the 63k I was brought in on plan. I don't even make enough to cover my mortgage and the payment to trustee any longer please help I don't want to lose my homes.

Timothy Denison
Timothy Denison
answered on Apr 25, 2018

You can try and rework the Ch 13 plan but you may have to convert to a chapter 7 and let one of the homes go. Get a second opinion from another bankruptcy attorney before you do anything. Then you’ll have a better idea of what your options are.

2 Answers | Asked in Bankruptcy for Arizona on
Q: Does a specific chapter of bankruptcy wipe out more debts than others?
Timothy Denison
Timothy Denison
answered on Apr 23, 2018

Chapter 7 can theoretically wipe out all debt through liquidation. Chapter 13 is individual reorganization and generally contemplated st least a partial repayment of the debt.

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1 Answer | Asked in Bankruptcy for Arizona on
Q: Creditor admits to me that they received our filing for bankruptcy in February 2018, but still filed a civil complaint.

A creditor that is included in my bankruptcy petition has filed a civil complaint in justice court. I spoke with them today, they admitted they received notice of the bankruptcy last month (February 2018) but still filed the complaint in justice court this month and we were served with the... View More

David Earl Phillips
David Earl Phillips
answered on Mar 23, 2018

Yes, you should see a bankruptcy lawyer as this sounds like a violation of the automatic stay. You may be entitled to damages that could include attorney fees. Hope it works out. Good luck!

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