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Arizona Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Foreclosure, Civil Litigation and Collections for Arizona on
Q: Is there a different type of writ of garnishment required to garnish the account of the defendants sister?

I've received credible information that the defendant is hiding a large amount of money owed to me within her sister's bank account. Is there a different type of writ of garnishment required to garnish the bank account of the defendants sister? How do I get around the defendants name not... Read more »

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

You cannot garnish the sisters account if you do not have a judgment against her.

1 Answer | Asked in Bankruptcy, Contracts, Criminal Law and Civil Litigation for Arizona on
Q: Is it possible to reverse the transfer of ownership due to fraudulent notarization?

I received a judgment in a lawsuit. The defendant transferred ownership of a newly Mercedes-Benz purchased just before a lien or writ of execution could be filed. The paperwork was illegally notarized by an out of state Notary. Is it possible to file a claim to reverse the sale and file a lien or... Read more »

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

All of the above.

1 Answer | Asked in Bankruptcy, Tax Law and Collections for Arizona on
Q: We live in AZ & are beneficiaries of an irrev. trust. I need to access and protect the equity from an FTB lien. How?

My wife and I are beneficiaries of an irrevocable trust. The trust was funded using only real estate. The trustee passed away 3 years ago.

We live in AZ. We have chosen to not transfer title from the trust to our names due to the FTB (CA) having filed a lien. The lien states that any... Read more »

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Appoint a successor trustee and let them handle the transactions for you.

1 Answer | Asked in Bankruptcy for Arizona on
Q: When you put name only for creditor on master list is that account dischargeable Chapter 7 proper

A utility company says my spouse account is dischargeable bc I put his name but I listed that creditor twice bc I didn't have my account #

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 2, 2022

The reason why the Bankruptcy Code requires you to provide a list of claims and creditors' names and addresses is so that all your creditors can be notified of the filing of your bankruptcy case and file a proof of claim, and to receive any distribution that might be available. But the... Read more »

1 Answer | Asked in Bankruptcy and Collections for Arizona on
Q: Does a judge have the authority to stop a wage garnishment at a request for hearing or only reduce it to 15%

I am claiming extreme financial hardship and have a date set for the hearing.

Timothy Denison
Timothy Denison
answered on Jan 25, 2022

Yes.

2 Answers | Asked in Bankruptcy for Arizona on
Q: I was not notified of a 25% garnishment of my paycheck. This causes an extreme hardship. What can I do?

I am aware of the judgement that was filed. I am planning to file Ch7 bankruptcy, however, I would like to stop the garnishment as quickly as possible. I will not be able to afford my rent next month. Is there anything I can do?

David Luther Woodward
David Luther Woodward
answered on Jan 18, 2022

The most effective and efficient way to stop all that stuff is to file for Chapter 7 or 13 bankruptcy--but don't do it on your own. You need a bankruptcy lawyer to guide you through the pitfalls of the process.

Good Luck

d

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1 Answer | Asked in Bankruptcy for Arizona on
Q: Trustee's final report and account chapter 13

I had a voluntary dismissal of my chapter 13 case about 3 weeks ago. I received notice that the case was closed one week ago. However, I have not received trustee's final report and account. What is it?

How long does it take to get?

Scott Hutchinson
Scott Hutchinson
answered on Oct 29, 2021

Although I am not licensed in Arizona, and it can vary from one Chapter 13 Trustee's office to another, I can tell you that often the Trustee Final Accounting Report can, generally, take from 2 to 4 months to be issued by the Trustee. This will vary quite a bit from jurisdiction to... Read more »

3 Answers | Asked in Bankruptcy for Arizona on
Q: can a debt collector find out were my checking and savings acct is located in another state from were i was served,

i was served in a suit for a debt collection by a debt collector , the suit is for $6000, can i close a savings acct in another state from were i was served ,

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 16, 2021

Assuming that the creditor has not yet taken a judgment against you and issued a writ of garnishment, yes, you are free to do what you like with your assets.

You should be aware, however, that if a judgment or judgments are at some point entered against you, the creditor may have an...
Read more »

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3 Answers | Asked in Bankruptcy for Arizona on
Q: Can a Trustee re-open a Chapter 7 closed case?

I received a discharge date on 5/8/19 on a Chapter 7 no asset. Pro se. The trustee submitted the final accounting report and Judge signed on 12/17/20. I was notified a settlement check went to the trustee. Does that mean they are going to re-open my case again? Can I hire an attorney to get my... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 1, 2021

I'd be shocked if the Ch. 7 Trustee did not return that check to whoever sent it, or relayed it on to you.

Several years ago, a Ch. 7 debtor I represented sold a car for $9,000 and had a check to himself in return. I advised him to have the buyer write a second check, to the Ch. 7...
Read more »

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1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Arizona on
Q: I have written a motion to dismiss an appeal in the Arizona Court of Appeals, Division One. The couple appealing the

Judgment I have against them, are in Chapter 13 BK in Tampa, FL - they broke the terms of the Automatic Stay to file the appeal & again to pay the fees after they specifically requested an emergency hearing in the BK Court to reimpose the Stay stating they can’t afford to see the case... Read more »

Timothy Denison
Timothy Denison
answered on Aug 10, 2021

I would not file anything without first having a lawyer review it as your filing is likely a violation of the automatic stay. Before you file anything anywhere, you likely will need to seek relief from the stay in Florida.

2 Answers | Asked in Bankruptcy and Collections for Arizona on
Q: My girlfriend has a court order detailing her ex-husbands responsibility for 100% of a medical debt.

The debt has been sent to collections and as she has no contact with her ex-husband (she has tried but he is currently a fugitive wanted by Yavapai County in Arizona) they are still hurting her credit and forcing her to pay in spite of the court order that clearly details that he is responsible for... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Aug 3, 2021

Fair Debt Collection Practices Act (FDCPA) helps protect consumers.

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#809

You may want to retain an attorney to represent you, and see if you can get the collection...
Read more »

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1 Answer | Asked in Bankruptcy for Arizona on
Q: Are student loan disbursements exempt in chapter 7 in Arizona? Will the trustee take it?

It’s not in a bank account, but it is in a prepaid account and is only used for education expenses.

Timothy Denison
Timothy Denison
answered on Jun 16, 2021

Should be exempt as post petition funds if you’ve already filed.

2 Answers | Asked in Bankruptcy for Arizona on
Q: I live in low income housing. Do I have to count that as income when filing Chapter 7?
Timothy Denison
Timothy Denison
answered on Jun 9, 2021

Yes. You must also include the subsidized portion.

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2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Libel & Slander for Arizona on
Q: Who do you report bankruptcy fraud/disability fraud to when your ex business assoc. hides assets, guns, cars etc

We lived operated our business and worked at this non profit outreach and the owner trespassed from property to take our belongings and dumped our destroyed items in the neighbors parking lot ending in filing criminal damage to property of him. He also took door of shower room we had to use so him... Read more »

Timothy Denison
Timothy Denison
answered on Apr 20, 2021

Report to the FBI.

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2 Answers | Asked in Bankruptcy for Arizona on
Q: Funds in saving acct was levied was unemployment funds I transferred from checking acct, can I get this money back?

Got a judgement against me, checking wasn’t touched cause I get unemployment. My only source of money is Unemployment. I thought unemployment couldn’t be garnished. Especially if thats my only money source. I was pushed into filing bankruptcy on my own. Can’t afford no lawyer to get necessary... Read more »

Timothy Denison
Timothy Denison
answered on Apr 10, 2021

You have to object to the levy and provide proof the source (unemployment) as well as the transfer. If you can prove both, you get your money back.

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2 Answers | Asked in Bankruptcy for Arizona on
Q: Due to the Covid 19 We were unable to attend a meeting of the creditors to ask any questions in person.

Now my home is being sold to pay off creditors, what should i do?

Timothy Denison
Timothy Denison
answered on Apr 9, 2021

Consult your bankruptcy attorney or hire one to evaluate your situation.

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2 Answers | Asked in Bankruptcy for Arizona on
Q: What happens if I do not pay my chapter 7 trustee tax refund and they file an adversary proceeding?
Diane L. Drain
Diane L. Drain
answered on Mar 18, 2021

You lose your discharge (the whole reason you are filing for bankruptcy protection), the court could determine that all your current debts cannot be discharged in a future bankruptcy and other sanctions, the trustee will get a judgment against you which they can collect by garnishing wages or bank... Read more »

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2 Answers | Asked in Bankruptcy and Collections for Arizona on
Q: I am currently retired and collecting a pension from my former employer. Can a creditor garnish my pension?

This is for Texas not Arizona.

Timothy Denison
Timothy Denison
answered on Mar 12, 2021

Yes.

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1 Answer | Asked in Bankruptcy for Arizona on
Q: I have a bankruptcy showing on my credit score. We never went through with it. How do I get it removed
Diane L. Drain
Diane L. Drain
answered on Dec 6, 2020

I am very sorry to tell you, but if you filed a bankruptcy - it does not go away just because you don't "go through with it". Perhaps this blog will help you understand: https://dianedrain.com/bankruptcy-stays-on-your-credit-report-even-if-case-dismissed/. Moral - NEVER file a... Read more »

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