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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: 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: 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 i file bankruptcy on court restitution
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

No, restitution is not dischargable.

1 Answer | Asked in Bankruptcy for Arizona on
Q: How do I find out the status of a bankruptcy filing?
Brian Strickman
Brian Strickman
answered on Aug 1, 2013

You can actually view them at the public access computers at the clerk's office if that's convenient. You can also go online to the Public Access to Court Electronic Records site: http://pacer.uscourts.gov and lookup the information, or you can call 1-866-222-8029. Information about the... View More

1 Answer | Asked in Bankruptcy for Arizona on
Q: What does it mean that my chapter 13 has been confirmed
Brian Strickman
Brian Strickman
answered on Jun 19, 2013

It means that the bankruptcy plan for the Chapter 13 has been confirmed. There are several effects of having your plan confirmed. This means that the debtor (in this case you) and all of your creditors are now bound to your bankruptcy plan. In order to receive a discharge the debtor must perform... View More

1 Answer | Asked in Bankruptcy for Arizona on
Q: Do I need a lawyer to declare bankruptzy?
Brian Strickman
Brian Strickman
answered on Jun 17, 2013

No, you can file without an attorney; however, I would recommend you hire an attorney. An attorney can help you maximize your exempt property, make sure you file for the correct chapter of bankruptcy, and can help insure the proper paperwork is filed.

1 Answer | Asked in Bankruptcy for Arizona on
Q: An AZ corp owes me $18k. They closed their office. How do I get listed as creditor/find out if they file bankruptcy?
Brian Strickman
Brian Strickman
answered on Jun 17, 2013

You can use the public access to court electronic records to see if they have filed for bankruptcy. https://pacer.login.uscourts.gov/cgi-bin/login.pl?appurl=https://pcl.usc...

If they have listed you as a creditor then the trustee would provide you with notice.

1 Answer | Asked in Bankruptcy for Arizona on
Q: Do i get any of my money invested in the project, in the company if it files for bankruptcy
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

That depends on many things. If they file for chapter 7 and there are no assets available for distribution to creditors the answer is no unless you can file and prove fraud or discharge as to you falls under a category of exceptions to discharge.

1 Answer | Asked in Bankruptcy for Arizona on
Q: How do I get started in filing for bankruptcy?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

This question is too broad to answer on this forum. My only suggestion is to go to your local bankruptcy court's website and see what they have there to help self represented parties. As a bankruptcy attorney, knowing how many things can go wrong in a case, I don't recommend filing your... View More

1 Answer | Asked in Bankruptcy for Arizona on
Q: Is an overpayment of child support dischargable in Bankruptcy?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

Strange question. Overpayment suggests not a debt but a credit. Debts are dischargeable. Credits are an asset.

1 Answer | Asked in Bankruptcy for Arizona on
Q: If we are in the middle of Chpt 13 but did not include our house, if we have to give it up, are we liable?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

All debts you owe must be listed in the bankruptcy. Perhaps you mean something different by the word "included"? In order to receive dischage in your chapter 13 case you would need to get the case confirmed, complete all the plan payments for period of 3-5 years depending on whether you... View More

1 Answer | Asked in Bankruptcy for Arizona on
Q: Will a recorded/filed judgement against a personal residence be wiped out in a CH.7 Bankruptcy in Arizona?
Andrew Bresalier
Andrew Bresalier
answered on Sep 5, 2012

Not automatically and not if it is related to the property (i.e. mortgage/mechanic lien). A Motion based upon 11 USC 522(f) is required.

1 Answer | Asked in Bankruptcy for Arizona on
Q: Can i get discharge date for bankruptcy
Andrew Bresalier
Andrew Bresalier
answered on May 30, 2012

If this is a new case, the projected Discharge Date is approx. a week after the initial objection deadline. If the Discharge has already been entered, the date is on the Discharge itself. In either situation, the info can be obtained from reviewing pleading on PACER. This is a Free governmental... View More

1 Answer | Asked in Bankruptcy for Arizona on
Q: Is it a problem if we purchase a second home and foreclose on another house with both loans at the same bank
Andrew Bresalier
Andrew Bresalier
answered on May 30, 2012

Unless the loans are cross collateralized, which is common with credit unions, but not with banks, you should not have a problem.

1 Answer | Asked in Bankruptcy for Arizona on
Q: Do I need to hire a bankruptcy attorney t file for Chapter 7?
Andrew Bresalier
Andrew Bresalier
answered on May 15, 2012

Bankruptcy is a complicated matter involving State Laws and Federal Procedures. As a natural person, verses a business entity, you are permitted to represent yourself. Some people have successfully represented themselves in Chapter 7 cases; however, a Chapter 13 is even more complicated. I would... View More

1 Answer | Asked in Bankruptcy for Arizona on
Q: Question: Am I still responsible for a home equity line of credit after bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on May 15, 2012

If you are keeping the property and did a 13, you can strip it and you would not owe it, alternately you will owe it. If you are doing a 7 and Reaffirming/keeping property, you owe it. If you are doing a 13 or 7 and not reaffirming, you do not owe it. Regardless of chapter, you must disclose all... View More

1 Answer | Asked in Bankruptcy for Arizona on
Q: Help I bought a motorcycle and had to have a cosigner,now 2yrs later my cosigner filed bankrupcty what are my rights ?
Andrew Bresalier
Andrew Bresalier
answered on May 15, 2012

If your friend does not Reaffirm the Debt and continue payments, the bike will be repoed, sold and they will come after you for the deficiency. Plus, you will have a repo on your credit report. If you can, you can take over the payments, but I would suggest you take possession of the bike.

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