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Arizona Bankruptcy Questions & Answers
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.
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...
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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.
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...
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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...
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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 »

2 Answers | Asked in Bankruptcy for Arizona on
Q: Filed a chapter 7 bankruptcy that was discharged January 2011. Have been making payments to a mortgage servicing company

Bk coming off credit in January 2021. Do I need to refinance and reaffirm to get the home back in my name?

Timothy Denison
Timothy Denison answered on Nov 5, 2020

Yes, if possible.

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2 Answers | Asked in Bankruptcy for Arizona on
Q: Can creditors seize my bank account if my income is from Social Security?

Are there any pro bono attorneys for elderly people who have limited income. What does commingle funds mean?

Diane L. Drain
Diane L. Drain answered on Sep 10, 2020

No, unless you commingle funds - see 42 U,S,C Section 407(a) and SEC 207. I am happy to provide a free bankruptcy consultation for Arizona residents.

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5 Answers | Asked in Bankruptcy for Arizona on
Q: Do attorney fees need to be paid in full before they file for bankruptcy in order to stop garnishments?

I am currently with a bankruptcy legal team and fees will not be completed till November. I have been summoned to pay garnishments. I spoke with attorney and they stayed fee needs to be paid in full in order to file Chapter 13 until then can not give cease / desist on my garnished paycheck. Just... Read more »

Stuart Nachbar
Stuart Nachbar answered on Sep 2, 2020

Some firms when dealing with a chapter 13 only, will allow fees through Chapter 13 Plan. This does not apply to Chapter 7. Ask them if you can put fees in Chapter 13 plan and if not, why.

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1 Answer | Asked in Bankruptcy, Traffic Tickets and Car Accidents for Arizona on
Q: My drivers license is suspended in wa state due to an accident i am unable to pay the financial responsability.

I have moved to arizonia and need to get my drivers license however i am suspended in wa state because i am unable to pay the collections agency the 1000.00 a month i am on ssi i had prior arranements with the insurance company to pay 30.00 a month they told me it was 15,000 now they say its over... Read more »

Timothy Denison
Timothy Denison answered on Aug 28, 2020

File bankruptcy, get a discharge, and then you can get your license back.

2 Answers | Asked in Bankruptcy for Arizona on
Q: During covid19 pandemic I've spent my 2019 return instead of relinquish to trustee on my rent. What are possible outcome

filed bankruptcy in January 2020. I recieved a 2019 return in February. Needing to pay bills because of lost income we used our return to pay rent. We lost over 2k monthly because wife was furloughed and unable to obtain a income.

Diane L. Drain
Diane L. Drain answered on May 15, 2020

This is a very serious situation. The trustee has an obligation to collect the estate's percentage of any non-exempt property, which includes tax refunds. If you have an attorney - contact them immediately. If you do not have an attorney - make arrangements to pay the appropriate amount to... Read more »

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2 Answers | Asked in Bankruptcy for Arizona on
Q: Im in AZ, do I have to turn over my stimulus check to my trustee? My lawyer had his license suspended so I can’t ask him
Timothy Denison
Timothy Denison answered on Apr 13, 2020

Not likely. Most jurisdictions are not taking them.

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2 Answers | Asked in Bankruptcy for Arizona on
Q: We filed for bankruptcy in 8/19, discharged 01/20. The trustee reopened it and took refund. Can they take stimulus?

We filed for bankruptcy in 08/19, got discharged in 01/20. The trustee reopened bankruptcy and took our 2019 refund. Now that the bankruptcy is reopened are they going to take the stimulus check too?

Timothy Denison
Timothy Denison answered on Apr 8, 2020

Fought full they can take stimulus check as it is not income.

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