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Arizona Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Arizona on
Q: Recently moved to Tucson my house in Texas will foreclose Can I file bankruptcy here in Az?
Adam Studnicki
Adam Studnicki
answered on Jul 21, 2015

You can file bankruptcy in any state, but best to consult first with a bankruptcy lawyer.

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?
Adam Studnicki
Adam Studnicki
answered on Jul 21, 2015

More information is needed as to whether it would save your house from foreclosure or just postpone the inevitable. Talk to a Bankruptcy lawyer.

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1 Answer | Asked in Bankruptcy for Arizona on
Q: BK, can we retain our home if it is rented out due to the fact we live with our Dad who needs care due to an accident?

Is there a hardship exemption in AZ for chapter 13 BK to retain your home under the homestead exemption if you do not reside there? We rented out our house for enough to cover the mortgage so that we could move in with 84 YO Dad to take care of him after he suffered an accident and is now indigent.... View More

Adam Studnicki
Adam Studnicki
answered on Aug 1, 2015

Check with your bankruptcy lawyer. He or she knows more about your situation than anyone here.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and...
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2 Answers | Asked in Bankruptcy for Arizona on
Q: whats an entry of default
Kevin W. Chern
Kevin W. Chern
answered on Jun 30, 2015

A default judgment is entered when someone fails to respond as required to a lawsuit or legal proceeding. In simple terms, it means that the case was decided against the party who failed to respond without a trial or hearing, based on the fact that that party did not take the action required of... View More

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1 Answer | Asked in Bankruptcy for Arizona on
Q: My husband and I are planning to file Chapter 7 and we want to sell our house that has equity. Can we sell now, or sho

The reason we want to sell the house is because we're filing for divorce and want to sell the marital home. We are not in a position where we have to sell, but would like to know if the equity is protected. "

Kevin W. Chern
Kevin W. Chern
answered on Jun 27, 2015

Selling a home shortly before bankruptcy could easily mean converting an exempt asset (the value in your home, or part of it) to a non-exempt asset that the trustee could claim for distribution to your creditors. Arizona has a large homestead exemption, so the risk could be substantial.... View More

1 Answer | Asked in Bankruptcy for Arizona on
Q: My husband died. The deed for the house is in my name but not the mortgage. Do I claim it as an asset in a chapter 7
Robert Gambrell
Robert Gambrell
answered on Jun 19, 2015

Yes, you must list all assets and all debts in the bankruptcy schedules. However, you must continue to pay the mortgage loan if you want to retain the home.

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.

1 Answer | Asked in Bankruptcy for Arizona on
Q: Chapter 7 case, and Trustee is asking to collect monies from a restitution case said fine it should go to IRS, said no?

Collecting $150 per month for damage done on property. I owe IRS monies they said Trustee gets the money not IRS.

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering bankruptcy law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information....
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1 Answer | Asked in Bankruptcy for Arizona on
Q: If I filed bankrupcty in 2011 can they take money from a personal injury product settlement thank u

Can bankruptcy take my settlement funds. I filed bankruptcy in 2011

Kevin W. Chern
Kevin W. Chern
answered on May 26, 2015

The answer to your question depends on a variety of factors, and you would be wise to speak with the attorney who handled your bankruptcy or another bankruptcy attorney about your specific circumstances. In general, money received years after a Chapter 7 bankruptcy has been discharged does not... View 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... View 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: is it safe to have a joint acct with husband at a bank where I had credit card debt discharged before marriage?

we got married after the bankruptcy was finalized, but I am worried that the bank might try to hold the money in his checking account for my old pre-marriage debt.

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

There aren’t many lawyers answering bankruptcy law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information....
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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... View 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... View 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... View 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... View More

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... View 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... View More

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... View 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 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: 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... View 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,... View More

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